O991
CA ~KtIlS:Jst
3-21-75 Rev.2
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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:
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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
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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.
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(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
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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
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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.
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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:
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AYES:
Councilmen: Judson, Lawson, McCloskey,
Swink, van den Steenhoven,
Trives
NOES:
Councilmen: None
"
ABSENT:
Councilmen: Hoover
. .
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( --czr ~Cle~
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\; Clty Attorney ~
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