HomeMy WebLinkAbout87-2701ORDIITANCE NO. 87-2701
~IqORDINANCE P.~E~ING CHAPTER 8, ~VIATION, OF THE
PL~INV~EW CITY CODE PROVIDING FOR ~ REGULATION
OF iI~RCPJ~T ~CT:L'VITY WITHIN THE CORPORATE LIMITS
OF THE CITY; PROVIDING FOR EXCEPTIONS; ~
PROVIDING FOR A PENALTY P.~TD OTHER I'~%TTERS RELATED
TO THE SUBJECT.
WHEREAS, the City Council of the City of Plainview, Texas,
recognizes the danger to citizens and property created by an
unregulated air space above the corporate limits of the City; and
WHEREAS, the City Council recognizes the danger to citizens and
the property on the ground created by aircraft activity within the
corporate limits of the City; and
WHEREAS, the City Council finds it to be in the best interest
of the citizens and of the City to regulate aircraft activity within
the corporate limits of the City.
NOW, THEREFORE BE IT ORDAINED by the City Council of the City
of Plainview, Texas:
Chapter 8 of the Code of the City
amended to include the following provisions:
Section 1. Definitions.
of Plainview
be hereby
The term aircraft as it is used within this Ordinance shall
mean any weight carrying structure for navigation of the air that is
either self propelled or mechanically-propelled, including but not
limited to, airplanes, helicopters, gliders, and balloons.
Section 2. Prohibition.
It shall be unlawful for any person to take-off or land or,
being the owner or operator of any aircraft, to permit or authorize
the taking-off or landing of any aircraft within the corporate
limits of the City, unless such aircraft has been duly authorized
under the provisions of this ordinance or shall be taking-off or
landing from an airport that has been previously approved and
designated by the Airport Board as a public airport.
Section 3. Authorization Procedure.
(a)
Any person desiring a permit for the purposes of
aircraft activity within the corporate limits of the
City shall file with the Director of Municipal
Services a request therefor in writing. Such
request shall specify the following:
1 Of 3
202:
the name and address of the owner of the aircraft
and the type of aircraft to be operated within
the City,
(2)
the date or dates such aircraft activity will
take place,
(3)
the location of the aircraft activity and route
of the aircraft,
(4) the duration of the aircraft activity,
(5) the purpose(s) of the aircraft activity, and
(6) the liability insurance carrier of the owner for
the aircraft, the activity, and the amount of
such coverage.
(b)
(c)
(d)
Upon the receipt of the request for authorization of
aircraft activity, the Director of Municipal Services
shall make a determination as to whether such
authorization should be given. Factors which the
Director shall consider include, but are not limited
to, the location and proposed route of the aircraft,
the date(s) of the proposed activity, and the
purpose(s) of the activity. The primary
consideration for authorization shall be the
safety of the citizens and property of the City.
The request for authorization shall be acted upon by
the Director within five (5) calendar days.
If the request for authorization is denied by the
Director, the applicant shall have ten (10) calendar
days in which to file a written request of appeal to
the City Manager. If no written request is received
by the City Manager within such time, the Director's
decision shall be final.
If an appeal is properly filed with the City Manager,
the City Manager shall hold a hearing with ten (10)
calendar days from the date such request is received.
The City Manager shall hear evidence by all
interested parties and no formal rules of evidence
shall apply. The City Manager shall issue a decision
affirming, modifying, or reversing the Director's
decision within 48 hours of the closing of the
hearing. Such decisions shall be final.
Section 4. Exceptions.
This Ordinance shall not apply to properly licensed emergency
helicopters or other similar aircraft operated or directed by law
enforcement agencies acting in emergency situations or to other
official government actiVity.
2 of 3
Section 5. Penalty.
Any violation under this Ordinance shall
penalty provision of Section 1-5 of this Code.
be subject to the
Section 6. Conflicts.
Should any provision of
provision of another Ordinance,
shall prevail.
this Ordinance
the provisions
conflict with any
of this Ordinance
Section 7. Severability.
Should any word, term, or phrase of this Ordinance be
unconstitutional or void for any reason, the remainder
Ordinance shall remain unaffected.
declared
of this
PASSED AND APPROVED on
May , 1987.
first reading this the 12th day of
PASSED AND APPROVED on
May , 1987.
second reading this the 26th day
E.V. RIDLEHUBER, Mayor
of
ATTEST:
City Secretary
APPROVED AS TO FORM:
DAVID BLACKBURN, Assistant City Attorney
3 of 3