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O991 CA ~KtIlS:Jst 3-21-75 Rev.2 - ORDINANCE NO. 991 (ees) (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA M4ENDING ARTICLE X, CHAPTER 1 OF THE SANTA MONICA MUNICIPAL CODE, AND SECTION lOl05A THEREOF, AND ADDING SECTIONS 10105Al, lQlOSC, 10105D, 10l05E, lOlOSF THERETO, PERTAINING TO USE RESTRICTIONS ON JET AIRCRAFT AT THE SANTA MONICA MUNICIPAL AIRPORT AND DECLARING THE PRESENCE OF AN EMERGENCY. WHEREAS, the Un~ted States Supreme Court, in the case of Burbank v. Lockheed Air Termlnal (1973) 411 U.S. 624, 36 L.Ed. 2d 547, 93 S.Ct. 1854, has lndicated that mun~clpal airport propr~etors may regulate the use of a~rports located with their corporate boundaries, based upon a~rcraft type; and, WHEREAS, the United States Dlstrict Court for the Northern D~strlct of Californla has further ~mplemented said decision of the Unlted States Supreme Court In the case of Air Transport Association of America v,. J. R. Crotti, et al., declded February 10, 1975, case number C-72-2189 WTS; and WHEREAS, the Court of Appeal for the Second District of the State of Californ~a 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, ln the case of Aaron v. City of Los Angeles (1974) 40 Cal.App.3d 371, 115 Cal.Rptr. 162; and, WHEREAS, the necesslty for further restrictlons upon the use of the Santa Mon~ca Municipal Airport by jet aircraft has been found by the C~ty COllncll of the City of Santa Monica to be imminently necessary. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLONS: -1- -e e SECTION 1. Section lOIOSA of the Santa Monica Municipal Code is hereby amended to read as follows: Section lOlOSA. Jet Aircraft Prohibited. It shall be unlawful for any person to take-off or land any f~xed w~ng aircraft utillzing any turbo jet or turbo fan engine, in. at or upon the Santa Monica Municipal Airport at anytime. No faCll1tles of any kind or nature shall be provided at the Santa Monlca Municipal Airport for the malntenance or operation of any aircraft specified in this sectlon. Every person who commits any act in vlolation of this section is guilty of a misdemeanor. SECTION 2. Section lOlOSAl is hereby added to the Santa Monica Munlcipal Code to read as follows: Section lOl05Al. Assisting Another In The Land1ng Or Takin~-Off of Jet Aircraft. Any person who counsels, aids, assists or abets any other person in the taking-off or landlng of any fixed wing aircraft utillzlng a turbo jet or turbo fan engine in, at or upon the Santa Monica Municipal Airport at anytime lS guilty of a misdemeanor. SECTION 3. Sectlon IDI05C 18 hereby added to the Santa Mon~ca Municipal Code to read as follows; Section lOlOSC. Author~ty of_Alrport Director. The Municipal Airport Director is hereby speciflcally designated as a peace offlcer of the City of Santa Monica, and is made such pursuant to Sections 830,830.1 and 836.5 of the Penal Code of the State of Californla. and is invested wlth all rights, power and authority of the Clty of Santa Monica to enforce the laws, rules and regulatlons thereof, lncluding, but not by way of limitation, the authority to enforce all laws, rules and regulations pertainlng to the use of the Santa Monica Munic~pal Alrport. The Mun1clpal Airport Director is further authorlzed and empowered to appoint one or more persons to act -2- 'e e as his deputies, who shall be made peace officers, pursuant to Sect~ons 830, 830.1 and 836.5 of the Penal Code of the State of Cal~fornia upon their designatlon. SECTION 4. Sect~on IOl05D is hereby added to the Santa Monica Municlpal Code to read as follows: Section 10105D. Penalties. In add~tlon to any other penalt~es authorized by law, the Airport D~rector or any other peace officer, in the event that any aircraft specifled in Section l0105A of this Code takes-off from or lands at the Santa Monica Municipal Airport, or in the event that any aircraft takes-off from or lands at the Santa Mon~ca Municipal Airport in violation of Section lOl05B of the Santa Monica MUnic~pa1 Code shall: (I) If such aircraft lands, lmpound said aircraft immed~ately and hold said aircraft pursuant to the author1ty granted under this Chapter as an 1nstrumentality of a publicQffen~e~ . and also as security for payment of any charges specified in thlS Chapter; thereafter, no person shall authorize sald aircraft or any operator thereof to remove said a~rcraft from the Santa Monlca Municipal Airport by any means requ1ring the use of the Santa Monica Mun~cipal Airport runway, or any part thereof~ provided, however, portions of said runway may be used for the purpose of removlng sald aircraft by any means which do not requ1re that said aircraft take flight or become a1rborne. (2) Any aircraft impounded pursuant to th~s sectlon shall only be released to the owner or operator of said aircraft after payment to the City of Santa Monica of all charges due and owing and of impound fees which shall be as follows: (a) An impound charge shall be 1evled by the Airport D~rector against any aircraft impounded by him or by any other peace officer under the authority provided in this Code in the sum of Fifty ($50.00) Dollars per day. -3- 'e e. (3) Except as provided in Section lOl05F of this Code, the Airport Director, his deputy, or any other peace off~cer shall arrest the pilot of any aircraft wh~ch violates any provision of Chapter 1 of Article X of this Code immediately upon the occurrence of such a violation in his presence. Such violat~on shall be deemed to be committed and to occur in the presence of such-a 'peace .of'fLc.er if such pe-a'ce-offtcerperceives -.' the approach of an aircraft described in Section lOl05A or Sectlon lOl05B and observes that such an aircraft has thereafter landed at the Santa Monica Municipal Airport. No arrests without a warrant shall be made hereunder if a violation is not committed in his presence, but the Airport D~rector shall carry out all other provisions of thlS Chapter and in addltion present the matter of any violation to the Office of the C1ty Attorney for issuance of a criminal complaint and further legal proceedings, (4) Upon the arrest of any person pursuant to Section lOlOSD(3), the person making such arrest shall transport the person arrested forthw~th to, and place such person 1n the custody of, the Santa Monica Police Department, and crim~na1 proceedings shall be instituted thereafter against the person arrested. SECTION 5. Sect~on lOlOSE is hereby added to the Santa Monica Municipal Code to read as follows: Sectlan lOlOSE. Fees. In addition to the provisions contained in Sections lOlOSA, lOlOSB and lOl05D of thlS Code, ~t shall be necessary for any person who wishes to ut~lize the Santa Monica A~rport for the purpose of taking-off or landing any fixed wing a~rcraft util~zing turbo jet or turbo fan engines to pay a landing or take-off fee to the City. Any person who lands or takes-off such an aircraft from the Santa Monica Municipal Airport shall be deemed to have ~mpliedly -4- -e e consented to the payment of such a fee. The fees for the landing of such a jet aircraft shall be Five Thousand ($5,OOO.OO) Dollars and the fees for the taking-off of such an aircraft shall be Ten Thousand ($10,000.00) Dollars and the monies collected from such fees shall be based upon, and used to defray the expense of defendlng against, and the costs of, any claims made against the City of Santa Mon~ca arising from the use of the Santa Monlca Alrport by jet aircraft. No person shall take-off or land any aircraft specified in thlS section unless and unt~l all such fees have been pa~d. The ALrport Director shall not release from impound any a~rcraft prior to the payment of such required fees. SECTION 6. Section 10l05F is hereby added to the Santa Mon~ca Municipal Code to read as follows: Section IOl05F. ~!Ctergenc~es. Notwithstanding the provis~ons of Sections lOI05A, lOlD5B, and lOl05D of this Code, landings of fixed wing aircraft utilizing any turbo Jet or turbo fan englne may be made Lf, ~n the opin~on of the pilot of such an aLrcraft, the Airport Director and the person responsible for issuing clearance for such a landing, a bona f~de emergency eX1sts, and it is absolutely necessary that such aircraft land at the Santa Monica Munic~pal Airport for the preservation of life or property. Land1ngs made ~n an emergency shall not subject any person to criminal penalties under thlS Chapter. SECTION 7. ThlS ordinance ~s enacted pursuant to the authority of the City of Santa Monica as the owner. operator and proprietor of an airport located within the corporate limLts of the City of Santa Monica, as such author1ty has been recognized by judicial decision and by the Department of Transportation of the United States of America. SECTION 8. Any provision of the Santa Monica -5- -e e MunlClpal Code, or appendices thereto lnconsistent herewith, to the extent of such inconslstencles and no further, are hereby repealed or modlfled to that extent necessary to effect the provislons of thlS ordlnance. SECTION 9. If any sect~on, subsection, sentence, clause or phrase of this ordlnance is for any reason held to be lnvalld or unconstitutlonal by a decision of any court of competent jurisdlction, such declsion shall not affect the validlty of the remain~ng portions of the ordinance. The C~ty Council hereby declares that it would have passed this ordinance and each and every section, subsect~on, sentence, clause or phrase not declared inval~d or unconstitutlonal wlthout regard to whether any portion of the ordinance would be subsequently declared invalid or unconstltutional. SECTION 10. The City Council of the Clty of Santa Monica flnds and declares that an urgency exists and that thlS ordinance is enacted pursuant to authority granted by Section 615 of the City Charter of the Clty of Santa Monica and is necessary to preserve the public peace, health and safety in order to provide relief from noise pollution to occupants of resldentlal property surroundlng the Santa Monica Munlcipal Airport. SECTION 11. The Mayor shall sign and the City Clerk shall attest to the passage of thlS ordinance. The Clty Clerk shall cause the same to be published once ln the offlcial newspaper withln flfteen (15) days after its adoption. Th~s ordinance shall become effective ~mmediately upon ~ts adoption, pursuant to Sectlon 619 of the City Charter of the City of Santa Monica. 18:~~~Yl10f _ /(MarCh iLi'(; -- 1{;&'-1~ l.-~ ayor ADOPTED and APPROVED this 1975. -6- -e e ATTEST: /y:~. /J~ l ~ vz..-v-~ Ci7 Clerk STATE OF CALIFORNIA COUNTY OF LOS ANGELES 55. CITY OF SANTA MONICA I do hereby certify that the foregoing ordinance was duly and regularly introduced at a meeting of the City counCil~<~~~~~ ~~... .-~ on the 18th day of March 1975 ; that there-' after the sa~d ordinance was duly adopted at a meeting of the City Council on the 18th day of March "~l~-~ 1975, by the following vote: ~O- AYES: Councilmen: Judson, Lawson, McCloskey, Swink, van den Steenhoven, Trives NOES: Councilmen: None " ABSENT: Councilmen: Hoover . . ~~ ~ /~J..- V~ ( --czr ~Cle~ -~;?~ Q~J~, \; Clty Attorney ~ -7- .Y'