SR-800-009-03
RMD:AIRPORT:BT:SD:F:RESOURCE\STAFFREPORTS\NoiseAbatement.doc
September 11, 2001 Santa Monica, CA
TO: Mayor and City Council
FROM: City Staff
SUBJECT: Recommendation to Amend Santa Monica Municipal Code Provisions on
Fines and Noise Abatement at Santa Monica Airport.
Introduction
This report presents recommendations to amend the Santa Monica Municipal Code
(SMMC) provisions regulating aircraft noise, revise certain aircraft noise abatement
enforcement procedures and increase civil fines for noise violations pursuant to voter
initiative Proposition MM.
Background
In November, 2000, the voters passed initiative Proposition MM, which authorizes the
City Council to increase civil fines or penalties, including those imposed for noise
violations. In response to Proposition MM and emerging aviation trends, the Airport
Commission commenced a six-month process to thoroughly examine the City?s airport
noise regulations and enforcement procedures. Two public Study Sessions were held
to review pertinent data, including the 1984 Airport Agreement between the City and the
Federal Aviation Administration, federal and state guidelines, national and local trends,
and the City?s current noise regulations and enforcement procedures.
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Discussion
At the Special Meeting of the Airport Commission held on May 31, 2001, the Airport
Commission approved the following recommended amendments to the SMMC and
procedures and directed staff to forward these recommendations to City Council.
In general, the recommendations address both developments in aircraft operations and
ownership and the concerns which motivated the passage of Proposition MM.
Additionally, the recommendations comply with the tenets of the 1984 Agreement and
do not create a new access restriction. Overall, the proposed revisions will enhance
staff?s ability to effectively administer the Noise Abatement Program and reduce noise
impacts associated with aircraft operations.
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Fine Structure
The current fine levels are no longer appropriate or effective. The City could not
increase them until Proposition MM raised the cap imposed by the City Charter. Now
that the voters have lifted the cap, staff recommends that the amount of the maximum
fine levied for a violation of the SMMC be increased, from $500 to $2,000. This increase
corresponds to the increase in the Consumer Price Index since the current fines were
set in 1973. The Consumer Price Index in February 1973 was 42.9 and in February
2001 it was 175.8, which is approximately a 400% increase.
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Culpability for Noise Violations
In accordance with the Santa Monica Municipal Code, fines and/or sanctions are to be
imposed upon the pilot of the aircraft in violation of noise abatement provisions of the
SMMC. In cases where the pilot is the aircraft owner or the aircraft is operated by a
single pilot, it is relatively simple to assign culpability for noise violations. However,
since the majority of noise violations are by aircraft that are operated by a two-person
crew it is frequently difficult to ascertain the pilot-in-command of the aircraft when the
violation occurred. Additionally, an increasingly large number of the violations are by
aircraft owned and operated by fleet operators, corporations, or multiple owners. In
these cases, it is extremely difficult to determine the pilot responsible for each noise
violation.
Therefore, staff recommends that the SMMC be amended to hold the pilot, aircraft
owner, and/or the aircraft operator jointly and/or individually responsible for violations of
the Airport noise abatement provisions of the SMMC.
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Enforcement Scenarios
In compliance with the SMMC and the 1984 Agreement, Airport staff contacts the
owner/operator/pilot of an aircraft after the first violation of the SMMC to provide
information, education, and, if requested, any aircraft-specific noise abatement
operating procedures. Additionally, staff is available to assist the aircraft
owner/operator/pilot in developing procedures compatible with the Santa Monica
Airport?s Noise Abatement Program. If a violation occurs during this period of time, a
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formal warning is given advising the owner/operator/pilot that subsequent infractions will
lead to sanctions including fines and/or exclusion from the Airport.
Staff recommends amendment to the SMMC to authorize the Airport Director to fine at
various increments up to a maximum of $2,000 for any infractions of the SMMC
depending on the willfulness or severity of the violation. The point at which a fine will be
assessed, the amount of the fine, and the point at which an aircraft ban would be issued
is highly dependent upon the individual circumstances, including the aircraft and pilot
performance. However, it is also important that the City be consistent within all
categories, classes and types of aircraft. Additionally, maximum fine levels may be
warranted much sooner with certain aircraft or pilots if actions are willful and without
justification. A more gradual escalation of fines may be justified if a new aircraft type,
inclement weather, airspace complications or other actions/clearances cause
inadvertent noise events by the pilot.
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Operational Impediments to Noise Abatement Program Enforcement
The initial contact is a crucial step in the current enforcement program as it is the
opportunity to ensure that the owner/operator/pilot is thoroughly briefed on the Airport?s
Noise Abatement Program and any aircraft-specific noise abatement operating
procedures. Delay in the initial contact with the owner/operator/pilot can result in repeat
violations.
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Staff recommends the inclusion of a provision in the SMMC requiring that all transient
operators register (providing aircraft identification, pilot name, company name, contact
telephone numbers, etc.) with the Office of the Airport Director immediately upon
parking the aircraft. This would assure staff?s ability to more effectively and
expeditiously contact transient aircraft operators.
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Fleet Operators
Companies or entities responsible for the operation of multiple aircraft are considered to
be fleet operators. The majority of aircraft fractional ownership programs and charter
aircraft companies are classified as fleet operators because they generally oversee the
operation of multiple aircraft and employ multiple pilots.
Fleet operators are not only responsible for their aircraft, but should also be responsible
for the actions of their pilots. Once a fleet operator has been contacted by Airport staff
and informed about the Airport?s Noise Abatement Program, and any aircraft-specific
noise abatement operating procedures, they should assure that each pilot within the
company is apprised of such information.
Additionally, after a violation occurs by an individual type of aircraft, the fleet operator
should be expected to change the manner in which all of the company?s similar aircraft
are operated at Santa Monica Airport.
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Staff recommends amendments to the SMMC that place the same responsibility for
compliance on all pilots, aircraft operators, and fleet operators, whether the aircraft is
based at the airport or transient. If a pilot or aircraft operator has been previously
advised by staff of code provisions and the Noise Abatement Program, a subsequent
violation would carry a mandatory ?formal warning?. If further violations occur
appropriate progressive actions would be taken.
Budget/Financial Impact
There is no budget impact at this time. If the Santa Monica Municipal Code is
amended, alternatives for ensuring a sufficient staff presence to carry out registration
and enforcement duties will be evaluated and implemented as part of mid-year or
annual budget adoption.
Recommendation
Staff recommends that the City Council approve these recommendations and direct the
City Attorney to draft the necessary amendments to the Santa Monica Municipal Code.
Prepared by: Jeff Mathieu, Director Resource Management/Airport Director
Robert Trimborn, Airport Manager
Jason Morgan, Noise Officer
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