O996
...
,e
-
ORDINANCE NO.
996 (CCS)
(City Councll Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING ARTICLE X,
CHAPTER 1 OF THE SANTA MONICA MUNICIPAL
CODE, AND SECTION 10105A THEREOF, AND
ADDING SECTIONS lOl05A1, lOlOSC, 101050,
l0105E, lOl05F THERETO, PERTAINING TO
USE RESTRICTIONS ON JET AIRCRAFT AT THE
SANTA MONICA MUNICIPAL AIRPORT.
WHEREAS, the Unlted States Supreme Court, in the case
of Burbank v. Lockheed Air Terminal (1973) 411 U.S. 624, 36 L.Ed
2d 547, 93 S.Ct. 1854, has indicated that municipal airport
proprletors may regulate the use of airports located wi~hin~e~ir
corporate boundaries, based upon aircraft type; and,
WHEREAS, the United States District Court for the
Northern District of Callfornia has further implemented said
dec~s1on of the United States Supreme Court in the case of Air
Transpo~t Association of America v. J.R., Crotti, et al., decided
February 10, 1975, case number C-72-2l89 WTS; and
WHEREAS, the Court of Appeal for the Second District
of the State of California has ruled that a city, as owner and
operator of an airport has power to make reasonable rules
regulating the use of such an airport, in the case of Aaron v.
City of Los Angeles (1974) 40 Ca1.App.3d 371, 115 Cal.Rptr. 162;
and,
WHEREAS, the necessity for further restrictions upon
the use of the Santa Monica Municipal Airport by jet aircraft
has been found by the City Council of the City of Santa Mon1ca
to be immlnently necessary.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
MONICA DOES ORDAIN AS FOLLOWS:
-1-
.e
e
SECTIO~ 1. Sectlon lOlOSA of the Santa Monlca
Munlclpal Code lS hereby amended to read as follows:
Sectlon lOlOSA. Jet A~rcraft Prohlb~ted. It
shall be unlawful for any person to take-off or land any flxed
w~ng alrcraft utlllzlng any turbo Jet or turbo fan englne, In,
at or upon the Santa Monlca Munlclpal Alrport at anyt~me. No
facllltles of any klnd or nature shall be proVlded at the Santa
Monlca Munlclpal Alrport for the malntenance or operatlon of any
alrcraft speclfled In th~s sectlon. Every person who CO~~lts any
act In V~olatlon of thlS sectlon ~s guilty of a m~sdemeanor.
SECTION 2. Sectlon lOIOSAI 15 hereby added to the
Santa Monlca ~unlclpal Code to read as follows:
Sectlon lOIOSAl. A5S1stlng Another In The Land~ng
Or Taklng-Off of Jet A~rcraft. Any person who counsels, alds,
asslsts or abets any other person In the taklng~off or land~ng
of any flxed wlng alrcraft utlllzlng a turbo Jet or turbo fan
englne in, at or upon the Santa Monlea Munlclpal Alrport at anyt1me
lS gU1lty of a m1sdemeanor.
SECTION 3.
Sectlon lDlOSC ~s hereby added to the
Santa Monlea Munle~pal Code to read as follows:
Sect~on lOlOSC. ~?t~or1ty of Alrport D1rector.
The Mun1c1pal Alrport Dlrector lS hereby spec1f1cdlly deslgnated
as a peace offlcer of the Clty of Santa Mon~ca, and lS made such
pursuant to Sect10ns 830,830.1 and 836.5 of the Penal Code of the
State of Ca1~fornla, and ~s lnvested w~th all rlghts, power and
authorlty of the C~ty of Santa ~onlca to enforce the laws, rules
and regulatlons thereof, lDclud1ng, but not by way of 1~m1tat1on,
the author1ty to enforce all laws, rules and regulat10ns pertalning
to the use of the Santa Mon~ea MunlClpal Alrport.
The Municlpal Alrport Dlrector lS further
author1zed and empowered to appolnt one Dr more persons to act
-2-
.-
.
as hls deputles, who shall be illade peace offlcers, pursuant to
Sectlons 830, 830.1 and 836.5 of the Penal Code of the State of
Callfornla upon thelr deslgnatlon.
SECTION 4.
Sectlon 10105D lS hereby added to the
Santa Monlca MUDlclpal Code to read as follows:
Sect~on 10105D. Penaltles. In add~t~on to any
other penaltles authorlzed by law, the Alrport Dlrector or any
other peace offlcer, In the event that any alrcraft speclfled
In Sect~on 10105A of thlS Code takes-off from or lands at the
Santa Monlca MunlClpal Alrport, or ln the event that any alrcraft
takes-off from or lands at the Santa Monlca Munlclpal Alrport In
vlolatlon of Sectlon 10105B of the Santa ~onlca Munlc~pa1 Code
shall:
(1) If such a~rcraft lands, lwpound sald
alrcraft l~~ed~ately and hold sald a~rcraft pursuant to the
author~ty granted under thlS Chapter as an ~nstrlli~entallty of a
pub1lc offense, and also as securlty for payment of any charges
speclfled lTI th~s Chapter; thereafter, no person shall author~ze
sald alrcraft or any operator thereof to remove sald alrcraft fro~
the Santa Mon~ca Munic~pal ~lrport by any means reglllrlng the use
of the Santa Monlca Mun~clpal Alrport runway, or any par~ thereof;
provlded, however, portlons of said runway May be used for the
purpose of removlng sald a~rcraft by any means which do not
requlre that sald a~rcraft take fllght or beco3e a~rbor~e.
(2) Any a~rcraft lmpounded pursuant to th~s
sectlon shall only be released to the owner or operator of sa~d
alrcraft after payment to the Clty of Santa Monlca of all charges
d'o.le and oWlng and of lmpound fees WhlCh shall be as follo'vs:
(a) An lmpound charge sr.a11 be lev~ed
by the A~rport D~rector agalnst any alrcraft lmpounded by h~m or
by any other peace offlcer under the authorlty prov~ded In thls
Code ln the sum of Flfty ($50.00) Dollars per day.
-3-
----
.e
e
(3) Except as prov~ded ~n Sectlon 1010SF of
this Code, the A~rport Dlrector, hlS deputy, or any other peace
off~cer shall arrest the pllot of any alrcraft WhlCh vlolates
any prov1s1on of Chapter 1 of Artlcle X of thls Code lmmedlately
upon the occurrence of such a v1olatlon In hlS presence. Such
v1olat1on shall be dee~ed to be COBMltted and to occur ~n the
presence of such a peace offlcer if such peace offlcer percelves
the approacn of an alrcraft described ln Sectlon lOl05A or
Sectlon IOl05B and observes that such an a1rcraft has thereafter
landed at the Santa Monlca Munlclpal A1rport. No arrests w~thout
a warrant shall be made hereunder ~f a vlolat~on lS not comm1tted
ln hlS presence, but the Alrport Dlrector shall carry out all other
provlsions of th1s Chapter and ln addlt10n present the matter of
any vlolatlon to the Office of the C1ty Attorney for lssuance of
a crlm~Dal complalnt and further legal proceed~ngs.
(4) Upon t~e arrest of any person pursuant
to Sectlon 101050(3), the person making such arrest shall transport
the person arrested forthw1th to, and place such person 1n the
custody of, the Santa Monlca pollce Department, and crlrn~nal
proceed~ngs shall be ~nstltuted thereafter agalnst the persOn
arrested.
SECTION 5.
Sect10n IOl05E 1S hereby added to the
Santa Monlca Munlcipal Code to redd as follows:
Sectlon lOlOSE. Fees, In addltlon to the
provls~ons conta~ned ~n Sect10ns lOl05A, lOlOSB and 10105D of
th~s Code, ~t shall be necessary for any person who wlshes to
ut~l~ze the Santa Monlca Alrport for the purpose of tak1ng-off
or landlng any flxed wlng a1rcraft utlllz~ng turbo Jet or turbo
fan ehglnes to pay a land~ng or take-off fee to the Ccty. Any
person who lands or takes-off such an alrcraft from the Santa
Monlca Munlclpal Alrport shall be deemed to have lmplledly
-4-
.
e
consented to the payment of such a fee. The fees for the landlng
of such a Jet a~rcraft shall be Flve Thousand ($5,000.00) Dollars
and the fees for the taklng-off of such an alrcraft shall be
Ten Tho~sand ($lO,OOO.OQ) Dollars and the monleS collected from
such fees shall be based upon, and used to defray the expense of
defend~ng against, and the costs of, any clalms made agalnst the
Clty of Santa Mon~ca arlsing from the use of the Santa Monlca
A1rport by Jet a1rcraft. No person shall take-off or land any
dlrcraft spec1fled 1n th1S section unless and unt1l all such
fees have been pa~d. The A1rport D~rector shall not release
from ~mpound any a1rcraft pr~or to the payment of such requ~red
fees.
SECTION 6. Sect10n lOl05F lS hereby added to the
Santa Mon1ca Munlclpal Code to read as follows:
Sectlon lOl05F. Emergencles. ~otwlthstandlng
the prov1s1ons of Sect10ns lOl05A, l0105B, and 10105D of thlS
Code, landlngs of flxed w~ng alrcraft ut1l~zlng any turbo Jet or
turbo ran englne may be ~ade lf, In the op1n1on of the p1lot of
such an a~rcraft, the A1rport Dlrector and the person responslble
for lssulng clearance for such a landlng. a bona f~de energency
ex~sts, and It 1S absolutely necessary that such a~rcraft land
at the Santa Monloa Mun~clpal Alrport for the preservatlon of
life or property. Landlngs made ln an emergency shall not subJect
any person to crlminal penalt1es under thlS Chapter.
SECTION 7.
Th~s ordlnance lS enacted pursuant to
the authorlty of the C~ty of Santa Monlca as the owner, operator
and proprletor of an airport located wlth1n the corporate Ilffilts
of the Clty of Santa Monlca, as such author1ty has been recogn1zed
by Jud~c~al dec~sion and by the Depart~ent of Transportatlon of
the Unlted States of A~erlca.
SECTIO~ 8.
Any prov~s~on of the Santa Monlca
-5-
.e
e
Municipal Code, or appendlces thereto ~nconslstent herewith, to
the extent of such inconsistencies and no further, are hereby
repealed or modified to that extent necessary to effect the
provisions of this ordinance.
SECTION 9.
If any section, subsection, sentence,
clause or phrase of th~s ordinance 15 for any reason held to be
lnval~d or unconstitutional by a decision of any court of competent
]urisdlctlon, such decision shall not affect the validity of the
remalning portions of the ordinance. The C~ty Council hereby
declares that it would have passed this ordinance and each and
every sect~on, subsectlon, sentence, clause or phrase not declared
invalid or unconstltutional without regard to whether any portion
of the ordinance would be subsequently declared lnval~d or
unconstltutional.
SECTION 10.
The Mayor shall sign and the Clty Clerk
shall attest to the passage of this ordinance. The Clty Clerk
shall cause the same to be published once in the official newspaper
withln fifteen (15) days after its adoption. The ordinance shall
become effective after thirty (30) days from ltS adoption.
ADOPTED and APPROVED th~s
1st
day of
April
1975.
/
y../. '.: 1 /
_ t:~.+-/~i~'-M<(' ~/.
. . - M'ayor .
ATTEST:
...-
o (;6
, ~ Clerk
-6-
! '
-.
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ss.
CITY OF SANTA MONICA
e
I do hereby certify that the foregoing ordinance was
on the
18th day of
March
duly and regularly introduced at a meet~ng of the Clty Counell
r 1975 ~ that
the City Council on the
1st
day of
thereafter the said ordinance was duly adopted at a meeting of
April
1975, by the following vote:
AYES:
Councilmen: Judson, Lawson, McCloskey,
Swink, Trives, van den Steenhoven
Hoover
NOES:
Councilmen: None
ABSENT:
Counc~lmen: None
APPROV.ED AS TO FORM:
/~ -1 {wL~<-
i City Attothey-. .
J
-7-
.//~/
I lc; ..-
{ Ci t,r Clerk