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SR-6-C (3) . . . . . ~~'-c .- 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 1 '-G JAM 2 2 1985 ----- Ii. . . ---- ---~-- --- ----------~------------- . . . . , . 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 Chapter 1 of Article X of the Santa Monica Municipal Code, conSIstIng of Sections 10100 through 10144, is repealed In its entirety.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 1 . . . , "- 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: 2 . . . < . ( 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 3 . . . . . <l 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 4 , . . . 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. 5 1 . . , " 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 6 . . . . . 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, 7 . . . . 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. 8 , < . . (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. 9 . . . . (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 10 --- , '- . . 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. 11 . . . T . (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 12 -- . . . . . 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 . 13 , . . . 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 14 - ---~----- . . 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 15 - - ---- . . . 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, 16 . . . . ~ 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 17 - . , - . . 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 18 '- . . 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 19 , . . 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. 20 - - . . . (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. 21 . , . . (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. 22 . . . (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 23 , . . 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. 24 -- ------ , . . (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 2S . , . . 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 26 , , . . 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 27 . . . 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 =:l 'I /)-D ...... VOTE: Afflrmatl\!e' :n r-;-egativeo -- v: <1l Abstain' u c: Absent: ro ...:l) PROOP VCfE~ WITH ANOTHER ?EBSDY BEFORE A\~THIKG c:: 'r-1 DISTKIBliTlu;-..i :U -------.- . - sealed and filed In Vault. "0 UKl Gl '\i\L LO De signee., l-t 0 ~EWSPAPER PUBLICATIO~ (Date' ) I <1l ::- Department origlnatIng staff report ( ) 'r-! (l) u Management Sery~se? Lvnne Barrette -urdinances only ~ Q) ,. l-t -- +.> Agency mentIoned In document or staff report 0 ~ (certified?) >... 4) SubJect fIle (agenda packet) 1 l::: l-t 0 Counter file 1 .j...J .j...J < .j...J Others; a:j I ~ ..c:: AIrport ParkIng Auth. .j...J ~ AudltoTUIT' Personnel III .j...J Vl Q) BUlli.llng Dep t . PlannIng ;j tJ III EnV11'on. Servo Pollce (en- s.... (].I forcenent?) u FInance 'r-i Purchaslng . '-H '-H Fire 0 Recr!Parks CIl General Servo - >- Transportatlon Q) J:: LIbrary l-< Treasurer 0 ~ Manager +J -0:: >- 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 0 f , - I- J ... 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 . .-/ --- . 1 . ~~ f --A 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