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CA:RMM:rmmsmasr fftJ()".. 00 f -03 JAN 2 2 \9113
City Councll Meetlng 1-22-85 Santa Monica, Callfornia
STAFF REPORT
TO: Mayor and Clty CounCll
FROM: CIty Attorney
SUBJECT: Ordinance Amending Chapter 1 of Article X
of the Santa Monica MunlcIpal Code RelatIng to
Santa Monlca Airport
At Its meetlng on January 8, 1985, the Clty Council
introduced for first readIng an ordinance amending Chapter I
of Artlcle X of the Santa Monica Munlclpal Code relating to
the Santa Monica Airport. The ordinance is now presented to
the Clty Council for adoption.
RECOMMENDATION
It IS respectfully recommended that the accompanying
ordinance be adopted.
PREPARED BY: Robert M. Myers, City Attorney
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JAM 2 2 1985
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CA:RHH: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repealed In its entirety.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
Honlca MunICIpal Code to read as follows:
Chapter 1 - MUNICIPAL AIRPORT
Subchapter A.
GENERAL PROVISIONS.
SECTION 10000. tf,j:!.me, Purpose I and
~cope. This Chapter shall be called the
Santa MonIca Airport Code. It governs the
use and operatIon of the Santa Monica
Municipal Airport (lithe 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
Reaulations. 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 Authorltv. The AIrport
Director 15 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) Delav of AIrcraft Ooerations.
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) SusoenSlon 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) Reaulations. 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 fi ling of a request for review, when
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the rules and regulations have been
approved by the Airport Commlssion.
Subchapter B.
AIRCRAFT NOISE ABATEMENT CODE.
SECTION 10050. Name, Purpose and
Scope. This subchapter of the Airport
Code may be called the "Aircraft Noise
Abatement Code" or "Noise Code. II 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. Author! tv for
Reoulations. 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 Airport AssocIation v.
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Citv of Santa Monica, 479 F. Supp. 927
(C.D. Cal. 1979), aif'd 659 F.2d 100 (9th
Cir. 1981).
The N01se Code 1S 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 Princ1oles.
The N01se Code shall be interpreted and
enforced to achleve abatement of aircraft
nOise to the extent technologically
practicable and consonant with air safety
and to promote cooperation} communication}
and compliance wi th law. The follOWing
basic rules shall apply to the NOlse 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 provislons 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 uSlng
the Airport.
(b) No person shall operate an
aIrcraft at the Airport in violatlon 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
landlng at, taking off from, or other
operations at or from the Alrport.
(c) All prlvileges, lIcenses,
permlts, 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 thls 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 10053. Enforcement and
Aooeal. 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 1n 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 Umi t
of Section 10055, the Airport Dlrector,
may, after investigatlon to assure that a
vlolation was not related to extraneous
factors beyond the pilot's control such as
loss of power, avoiding other aircraft, or
unusual weather conditions, impose
sanctlons under thlS Section.
(e) Any person aggrleved by an
order of the AIrport DIrector may appeal
to the City's Hearing ExamIner pursuant to
the time 1 imi ts and procedures of Sectlon
6126 of the Munlcipal Code. The decision
of the Hearing Examiner shall be final
except for judlcial reVlew and shall not
be appealable to the Clty Council.
{O A wilful vlolation of an order
of the Airport Dlrector 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. Fesoon~ibllity for
<;omoliance. 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 1 Imt t of Section 100S5
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 nOlse li mi t, 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 1 iml ts even if flown
accordlng to recommended safe operating
procedures under normal weather
conditions.
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(b) If a pilot operates an aircraft
in violatlon 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 multlple violations.
( c ) If an aIrcraft is operated 1n
violation of the Noise Code by a person
other than the owner of the aIrcraft, the
p1lot 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 vIolatlon.
( 2 ) The owner of a permitted
aircraft based at the Airport shall be
subject to sanctlons If the A1rport
Director determines that the owner failed
to advise the pilot of the appllcabillty
of the Noise Code to the aircraft or
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recognized safe procedures to achleve
compliance.
(3 ) The owner of an aircraft
excluded from the Airport shall be subject
to sanctlons 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 wlth the registered
owner.
SECTION 10055. Maximum Noise LimIt.
No aircraft shall exceed a Single Event
NOlse Exposure Level (SENEL) of 95
declbels as measured at the Alrport Noise
Measuring Stations eXlstlng on January 1,
1985. If additional Stations are
established, the maximum SENEL shall be
set for each measuring point at an
equivalent I eve 1 .
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SECTION 10056. Performance Based
NOIse Llmit.
(al By regulation adopted in
accordance with Section 10002(dlJ 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.
(bl 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.
(cl 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 1 1mi t based on the best
available information.
(d) Pending completion of this
experImental programJ no pllot 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. Hours 9f O~eratlo~.
The Airport shall be open for public use
at all reasonable hours of the day and
night, subject to the followlng
restrictions:
(a) The Alrport Director may close
the Airport because of conditions of the
landing area, necessary maintenance, the
presentation of speclal events, and
sImilar causes.
(b) No alrcraft 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. Jlestrictlons on
J\ircraft OperatIons. The fo 110w1 ng
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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 ho11days, 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 perm1ssion from the
air traffIC controller in the control
tower and 1n no event shall be made unless
the aIrcraft has In1tlated takeoff pr10r
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 1n no event
shall be made opposite to the direction of
take-off.
(d) For purposes of thIS Sect1on,
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 10059. Hellcocter Ooera-
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. ourcose. and
scope. This subchapter of the Airport
Code may be called the "Airport Field
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Regulations" or "Field Regulations."
These regulations are generally intended
to maIntaIn the safety and economic
viabllity 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. Commerclal Ooera-
tions. No person shall use the Airport as
a base for any commercial activity without
an operations pe rm I t issued by the City
Manager. The term "commerclal 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 malntenance, the sale of food and
refreshments, or any other actlvity for
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which a busIness license from the City IS
required.
SECTION 10102. Ooerations 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 Clty Manager. Applications shall, at
a minimum, identify the applicants and its
prinCipals, document the applIcant's
finanCIal responsibillty, and speclfy
types of serVIce to be prOVIded and types
and number of aircraft proposed to be
used.
(b) The Alrport 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 appl1 can t shall
demonstrate that he or she has valld and
current certification from the Federal
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AVlatlon AdmInlstratlon as requIred for
the performance of the appllncant's
services.
(2 ) The applicant shall agree
to be bound by the provisions of Section
10106 provlding 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
!labllity 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 furnlsh 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 10102.
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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 additlonal locations
or uses. ApplicatIons for amendments need
only contain information relative to the
additional locations or uses sought and
identifIcation of any changed conditIons
since the issuance of the original
operations permit.
(d) Appl1cations for air carrier
serVlce shall identify and assess the
effects of the service on community
aircraft nOIse exposure, automobIle
traffIc, and other slgnificant
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
carrler" service includes commuter
service, air charter and air taxi
operations, frleght, 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
operations permit is supplementary to
necessary development reviews, business
licenses and other fees and approvals as
may be required by applicable law. The
leasing by the City of a parcel of land
for fixed-base aVIation operations does
not relieve the lessee, or any other
person occupying the parcel, from the
reqUIrement of obtalning or amendlng
operatlons permlts unless the lease so
specifies.
( f ) The City Manager may deny,
grant uncondltionally, or grant an
operatlons permit subject to condltlons
reasonably related to the promotion of the
safety or economic viability of the
Airport, 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 final, subject to judIclal
reVlew. The Alrport DIrector may
establish by regulation standard
condItions to be part of all operations
permits unless speCIfically deleted.
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(g) Except as provIded ln
Subsection (h) , an operatIons permit shall
be deemed granted subject only to standard
conditions if it IS not disapproved or
condltionally approved by the City Manager
within 60 days of the f 11 i ng of a
completed applicatIon unless extended by
the Clty 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 obtalned all
other governmental approvals applicable to
the proJect, except that a bUlldIng permlt
may not be granted without an operatIons
permi t.
( I ) The Airport Director may issue
an order dIrectlng a holder of an
operatlons permlt to comply with
applicable laws or condItions of permIts.
The City Manager may suspend or revoke an
operations permlt for wilful VIolation of
such an order. Any suspension or
revocation may be appealed to the City's
Hearing ExamIner pursuant to the time
1 imi ts and procedures of Section 6126 of
the Municipal Code. The effect of such
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suspension or revocatlon shall be stayed
pending timely appeal to the HearIng
Examiner.
( j) The City CouncIl by Resolutlon
may establish and from tIme to time amend
fees for the processing of applications
for operatlons permits and fixed-base
operator leases, which shall not exceed
the reasonable cost of such processing.
SECTION 10103. Exemptions. 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 operatlons 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 multlple ownership of
aircraft. Issuance of the permIt shall be
based solely on examinatlon 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 actIvlties as described in
Section 10101.
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(b) A person may sell his or her
personal aircraft without obtalnlng an
operatlons permit, provlded 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. Fliaht Instructor~.
No person shall hold hImself or herself
out as a flight instructor or give flight
lnstruction except in compllance 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 lOl02(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 Alrport and shall be
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responsible for the conduct of such
student pilots under theIr Instruction.
SECTION 10105. AIrcraft Maintenance
and Reoair. No person shall hold himself
or herself out as an aIrcraft mechanic or
maintaIn or repair the aircraft of another
person for conslderation except in
compliance with the following
requirements:
(a) The mechanic shall register
with the AIrport Dlrector, 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
Sectlon IDI02(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 lnterfere wlth 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
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maIntenance or repalr activlties shall be
responsible for the prompt clean-up of
such areas and removal of any accumulated
material.
SECTION 10106. Indemnltv. The
privileges of using the Airport and its
faCIlltles are conditioned on the
assumption of full responsibility and rlsk
by the user thereof, and the user shall
release, hold harmless, and Indemnlfy the
City, members of the City Council and
Boards and CommIssIons, and officers and
employees of the City from any liability
or loss resultlng from such use.
Nothing in this Chapter shall be
deemed to impose any liabllity upon the
City of Santa Monica or its officers or
employees, or to create any private rights
of actIon in any person, or to relleve 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
liabIllty Insurance in such amounts and
terms as establlshed by Resolution of the
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CIty Council. Such insurance shall name
the City, members of the Cl ty Counc 11 and
Boards and Commissions, and officers and
employees of the CIty as additional named
insureds.
SECTION 10108. Aircrq,ft Tie-Down
and Hanoar 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 slngle monthly sum. All such rates
shall be establIshed by Resolutlon of the
City Councll.
SECTION 10109. Landinq Fees.
Owners or operators of aircraft operated
for commercial purposes shall pay a
landing fee in the follOWIng amounts:
28
. . .
AIRCRAFT GROSS WEIGHT FEES PER LANDING
Less than 2,000 Ibs. $2.00
2,000 to 4,000 lbs. $3.00
4,000 to 6,000 lbs. $4.00
6,000 to 10,000 Ibs. $5.00
10,000 to 20,000 Ibs. $7.50
20,000 to 30,000 lbs $10.00
30~000 to 50,000 Ibs. $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 provlsions of Chapter 1 of
Artlcle VIII of the Municlpal Code
relating to Technical and ConstructIon
Codes.
SECTION 10111. Fire Reaulations.
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
uSlng the Airport:
(a) Every person using the airport
or its facilities in any way shall use the
29
. . .
,
utmost cautlon to prevent flre and shall
not cause to exist any conditlon
constltutlng a flre hazard.
(b) No alrcraft shall be fueled or
drained while its engine is running or
while in a hangar or other enclosed place.
Fueling shall be done in such manner and
with such equipment that adequate
connections for the grounding of static
electricity shall be maIntained
contInuously durIng fueling operatlons.
No smoklng shall be permltted within 50
feet of the pOInt where fuel is removed
from or discharged into any aircraft.
(e) No cylInder or flask of
compressed flammable gas shall be kept or
stored except at such a place as may be
deSIgnated by the Fire Department.
(d) The cleanlng 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.
30
, . .
(e) During business hours, hangar
entrances shall be kept clear at all tlmes
to permIt ready access to the bUilding to
combat fir-es.
( 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
Ii tter 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 aircr-aft engine shall be
started on any air-craft not equipped wlth
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
31
. .
that It cannot be entered or started
wIthout the use of a proper key. All
unhangared aircraft shall be parked in the
spaces designated for that purpose and
locked as above.
(b) The pre-flight run-up of
engines shall be conducted only at pOints
designated by the Airport Director. No
aircraft shall be operated above idle
power or run-up unless it IS in such
position that the propel lor or turbine
blast will clear all buildIngs, all
aircraft maneuvering areas) and all people
in the observation areas.
(c) No person shall take any
aircraft on, to, or from the Airport, or
operate any such aircraft, while under the
influence of, or while using, any
lntoxicating liquor or drug.
(d) Wrecked or damaged aircraft
shall promptly be removed from runways or
taxiways by the aircraft owner or operator
subject to the direction of the Airport
Director and approprIate officials of the
UnIted States of America.
32
. . .
SECTION 10113. FuelIng Operations.
Aircraft fueling operatIons shall be
conducted conSlstent with safety standards
contained In state, federal, and local
fire law. The following additional
provisions shall apply to the fueling of
alrcraft 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
to be paid to the City by all persons or
companies supplying gasoline or oils to be
used, dispensed, or sold at the Airport by
persons other than the City.
SECTION 10114. Ultralight Aircraft.
Pending verIfIcation by the Federal
Aviation Admlnlstration and the City that
ultral1ght aircraft can operate at the
Airport WIthout compromislng aviation
safety, no person shall operate an
ultralight aircraft, as defined by Federal
AViatIon Regulations Part 103, at or from
the Airport.
33
- --- - ---
, . . .
SECTION 10115. Motor Vehicles.
( a J 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 automoblle
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 Slgn without first
34
. . . .
bringIng his or her vehIcle to a full stop
within 6 feet of such Intersection.
( f) No person shall operate, drlve,
or propel any motor vehicle on any landing
area of the Airport.
(g) Pollce 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 Alrport 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 perrnlt to enter the landing area
from the Airport DIrector, conspicuously
dIsplay an approved orange and whlte
safety flag on the vehlcles, and enter and
leave the AIrport at establlshed gateways.
(h) All vehlcles 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 1S constructed so as
to prevent lts contents from dropping,
siftIng, leakIng, or otherWIse escaping.
35
I . . .
Any person who spllls any dIrt or any
other materIals from vehicles operated at
the Airport shall immediately clean up the
spilled material.
(i) VIolation of the provisions of
this sectlon shall be punishable by fine
pursuant to Section 3395 of the Municipal
Code. The procedures of Section 3386 and
3386A of the Municipal Code shall be
applicable to violations of the motor
vehicle operating and parking regulatIons
of thIS Chapter.
( j ) The Airport Director shall have
authority to tow or otherwise move motor
vehicles WhICh are parked in violatlon of
this Chapter In accordance wlth applicable
law.
SECTION 10116. PedestrIans. No
pedestrlans shall be upon any taxiway or
landing area of the Airport wlthout first
obtaining a slgned permit from the Airport
Director, excepting mechaniCS who are by
necessity reqUired to be on a taxiway or
landIng area to remove damaged aircraft.
SECTION 10117. Experlmental
Fliahts. No experimental certIfication
36
. . . .
. I , .
test flights or ground demonstrations
shall be conducted on or at the Airport
without the wrltten permiSSIon of the
Airport Director.
SECTION 10118. Damaqe Reports ~nd
Responsibility. 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 Photoqraphy. No person shall
take still, motIon, video or sound
pictures for commercial purposes on the
Alrport wlthout 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 commerclal photography shall
be established by ResolutIon of the CIty
Council and shall be paId prior to the
37
. . . . . .
lssuance of the use permIt. Any vIolation
of the terms or condItions of such permIt
shall be a misdemeanor.
SECTION 10120. I>~naltv. 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 SlX 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:
(a) Traffic P~tteffl. An
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 wlth the
City.
(b) Sound Pressure ~evel. The
sound pressure level of a sound is 20
38
. . .
. . . .
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
L0910 (P measured ... Preference)]
(c) A-WeIghted Sound Pressure
Level. The sound pressure level which has
been filtered or weighted to
quantItatIvely reduce the effect of low
frequency nOise. It was deslgned to
approximate the response of the human ear
to sound. A-welghted Sound Pressure Level
is measured in decibels with a standard
sound level meter which contains the "A"
weightlng network. A-weighted declbels
are abbreviated dBA. Relevant standards
are deflned by the American National
Standards Institute Specificatlon for
Sound Level Meters (51.4-1971).
(d) Sinale Event Noise Exoosure
Leve 1 . SENEL is the time-integrated
A-weighted Sound Pressure Level of a
single alrcraft flyover (which exceeds a
threshold nOlse level) whlch is expressed
by the level of an equivalent l-second
39
-- --- - -- --- ------ --------
. < . .
.. ...t J. t
duration reference signal. The threshold
level at the Airport shall be at least 65
dbA. SENEL provides a measure which
quantifles the effect of duratIon and
magnitude for a slngle event measured
above a specified threshold. SENEL IS
defined by CalifornIa Division of
Aeronautics, "Noise Standards for
California Airports, .. California
AdminIstratIve Code Chapter 9 I Title 4
(Register 70, No. 48, November 28, 1970).
(e) Community Noise Eauivalent
Lev~~. 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
Administratlve Code Chapter 9 I Title 4
(Register 70, No. 48, November 28, 1970).
SECTION 3. Any prOVISIon of the Santa MonIca Munlcipal
Code or appendices thereto inconSIstent with the prOVISIons of
thIS ordinance, to the extent of such InconsistencIes and no
40
. , . .
... .I .-. t:
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 Councll hereby declares that it would
have passed this ordinance and each and every part not
declared lnvalid 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:
~ 'M, ~~ ~
Robert M. Myers
CIty Attorney
41
---
. . . .
.
...; lit .a. t"
Adopted and approved thIS 22nd day of January, 1985.
(-kf--:.- ~. ~
Mayor
I hereby certify that the foregolng OrdInance No. 1326(CCS)
was duly and regularly introduced at a meeting of the CIty
Coul1CIl 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, lane and Mayor Reed
Noes: Councilmembers: None
AbstaIn: Cou'1cllmembers: NOl1e
Absent: CouncIlmembers: NO'1e
ATTEST:
~1h~
CIty Clerk
--- ----- --
. . :- . , .
-- .,.-
BEFORE DISTRIBUTIO~ CHECK CONTENT OF ALL FOR CITY C~ERKrs ACTIOK
DISTRIBUTION OF RESOLUTION ~ ORDIJ\ANCE l' /3.;;( b
Ccuncll Meetlng Date 'i.:?~ / rf's Introduced' -.1fJP~
Agenda Item it 0~C Adopted"
."
X) !YO AD\'A.YS PUBLISH AOOPTED ORDINANCES*
...... \\'as It amended? *Cross out Attorney [5 a-;::r~:'roval
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...... VOTE: Afflrmatl\!e'
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ro ...:l) PROOP VCfE~ WITH ANOTHER ?EBSDY BEFORE A\~THIKG
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"0 UKl Gl '\i\L LO De signee.,
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..c:: AIrport ParkIng Auth.
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~ AudltoTUIT' Personnel
III
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>- Transportatlon
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l-< Treasurer
0
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>- SEND FOUP COPIES OF ALL ORDIKAKCES- TO: *Check Code SectlOns before sendl11g.
+J
.~ CODrD SYSTEY;S, Attn Peter Mac1earie
u 120 }1aln -C::ty,,? et -
~ Av6'1.: ~ew Jersey 07!17
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m SEND FOUR COPIES OF ALl OR n T ~ A \I r. ~ S. _10:
+J PRESIDING JUDGE
l-I SANTA MONICA MU~ICIPAL COURT
ill
.c 1725 MAIN STREET '7
0 I .
e::: SANTA MONICA, CA 9G101 TOTAL COPIES . .-/
---
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TELEX 1 84173 cur n'l,,1-9 fU (2 1 3) 1524-20515
tfc{Jr- tY;Q/03 r--. j ~t ~J
:j
GERALD J. SULLIVAN & ASSOC., INC.
I~SLRANCE BROKERS
L.LOYD S LONDON CO""AEePONO"'NTII
MAILING ADDRESS POBOX !5!504!5 LOS ANGELES 900515
December 21, 1984
Mr. Russell Peters
661 Via Santa Ynez
Pacific Pal1sades, CA 90272
Re: General LIabIlity Insurance
Dear Mr. Peters:
~\any thanks for your recent te lephone call mqUlrmg about general ltablhty
insurance mcludmg "completed operatIons" lIabilIty to protect you for your aircraft
repair serVice. Contacts WIth several underwnters revealed that the premium
charge for thIS protectIOn may amount to as much as 70% of your annual receipts
although based upon average indIcations, 50% or $6,000 annually should be possible
to arrange for a I1mit of $500,000 each occurrence, bodIly mJury and property
damage combmed. It is hkely that Insurers would also require a deductible.
I am sure that these figures are somewhat of a shock - unfortunately products
liabilIty and completed operatIons liabilIty for Just about any actIVities In
connectIon With aIrcraft fall Into a very limited Insurance marketplace.
I should mention that the figures above are mdIcations from underwriters and are
not specIfiC quotations. We reported these back to you qUickly to respond to your
need for your presentation to the Santa MOnica City CouncIl. Should you W ish a
speCific quotatlOn from underwriters, thiS wIll take approximately two weeks to
develop.
If you have any questIons concernmg the msurance, I shall look forward to your call.
_/ --1
'F~:~el~: .
! ----x
, .
! ..,\
~
-'c:::--_
Bernard A. Jones
BJ/6pam
! I . ~
f-4
wt hit f.-z1 .feR
if" J-f~f\~
ll~ITED~S,[;\TES A\l4.TION'llNDERWRIlIRS
I""CO'::;'':::O;::lA-E:.
December 20, 1984
Mr. Russel C. Peters
DBA Sky Mech
661 Bia Santa Ynez
Paclfic Pallsades, California 90272
Re: Moblle Aircraft Repair BUSlness
Santa Monica Airport
Dear Mr. Peters:
Thank you for the underwritlng lnformation on the
account in captlon.
At the present tlme, we are unable to offer a useful
quotation on this particular risk.
Please be assured we appreciate your havlng contacted
us, and remain very interested ln looklng at any other
AVlation bUSlness you may have.
Very truly yours,
/
.' ,
/ ,.
-/ . ,{.
~ . ,. /~(i...L'~
/ ~ Scott H. Spiller
SHS/am
325D'\!:j"srre9.:..j:-eve..d S~.~"'2CO L::S~l.;;e.es C:"-9C~)~C:213-3B3-~113.-Telex 57-7433
MANAGERS,UN;TED STATES AIRCRAFT INSURANCE GROUP