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HomeMy WebLinkAboutOrdinance - 10229-1999 - Amending Chapter 2 Code Of Ordinances Amending Section 5-6 And Sec 5-7 - 12/09/1999First: Reading Dec. 9, 1999 It:em No. 22 II ORDINANCE NO. 10229 Second Reading Dec. 16, 1999 It:em No. 15 AN ORDINANCE AMENDING CHAPTER 2 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, BY REPEALING SECTION 2-360; BY AMENDING SECTION 5-6 AND SECTION 5-7 TO PROVIDE EXCEPTIONS FOR HELICOPTER OPERATIONS; BY ADDING SECTION 5-12 AUTHORIZING THE DIRECTOR OF AVIATION TO ISSUE PERMITS FOR TEMPORARY HELICOPTER OPERATIONS; BY ADDING SECTION 5-13 REQUIRING LIABILITY INSURANCE; PROVIDING A PENALTY CLAUSE, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION OF THIS ORDINANCE AND AN EFFECTIVE DATE HEREOF. WHEREAS, the City Council finds that it is in the best interests of the citizens of the City of Lubbock to permit, subject to restrictions, intermittent helicopter operations within the city; and WHEREAS, the City Council finds that amendments to the Code of Ordinances, as hereinafter set forth, are necessary to accomplish this desired purpose; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT Section 2-360 of the Code of Ordinances, City of Lubbock, is hereby repealed. SECTION 2. THAT Section 5-6 of the Code of Ordinances, City of Lubbock, Texas, is hereby amended to read as follows: (a) It shall be unlawful for any person to take off or land or, being the owner of any aircraft, to permit or authorize the taking off or landing of any aircraft within the corporate limits of the city, unless such taking off or landing is from an airport, heliport or fixed helicopter landing site that has been previously approved by the airport board and the City Manager or his designee. (b) It shall be an exception to the application of this Section that the taking off or landing is by a helicopter or other rotary-winged aircraft capable of near vertical ascents and descents at a temporary landing site approved by the Director of Aviation for intermittent use pursuant to Section 5-12 of this chapter. (c) It shall be an exception to the application of this Section that the helicopter operations are conducted by an air ambulance service or law enforcement agency engaged in emergency operations. SECTION 3. THAT Section 5-7 of the Code of Ordinances, City of Lubbock, Texas, is hereby amended to read as follows: (a) It shall be unlawful for any person to take off or land any aircraft, or being the owner of such aircraft, to knowingly permit the taking off or landing of any aircraft in such close proximity to the corporate limits of the city as to require flight of such aircraft below one thousand (1000) feet above the city, unless such take-off or landing is from an airport, heliport or fixed helicopter landing site previously approved by the airport board and the City Manager or his designee. SECTION 4. THAT the Code of Ordinances, City of Lubbock, Texas, is hereby amended by adding a section, to be numbered 5-12, which said Section reads as follows: Sec. 5-12. Helicopter Temporary Landing Site Permit. No helicopter shall land at any place within the city limits unless authorized under Section 5-6 of this Chapter. Helicopter landings and takeoffs at temporary sites require a permit issued by the Director of Aviation. Absent exigent circumstances, a written request for a permit shall be submitted to the Director of Aviation not less than seventy-two (72) hours prior to the time of the intended operation. The request must contain the following information: 1. The exact location of the proposed landing site. 2. Date or dates and hours of operation. 3. Type of helicopter or helicopters to be used; aircraft registration ("N" number), company name; owner/operator of the helicopter and name of pilot in command. 4. Purpose of the proposed operation. 5. Affirmation that all safety precautions required by the FAA and the City of Lubbock will be enforced at the landing site. 6. Affirmation that the landowner has given written permission to utilize the property for such activities. 2 I l 7. Confirmation, if required by Federal Aviation Regulations, that notification to the FAA has been accomplished. 8. N arne and title of person making the request 9. Actions that will be taken to ensure the safety of persons and property SECTION 5. THAT the Code of Ordinances, City of Lubbock, Texas, is hereby amended by adding a section, to be numbered 5-13, which said Section reads as follows: ! Sec. 5-13. Insurance. No permit for a temporary landing site shall be issued by the Director of Aviation unless the applicant has in effect liability insurance which covers the service provided by the applicant at the location specified in the application. Such insurance shall be of a type and in an amount satisfactory to the City. SECTION 6. THAT should any paragraph, sentence, clause, phrase or word of this Ordinance be declared unconstitutional or invalid for any reason, the remainder of this Ordinance shall not be affected thereby. SECTION 7. THAT the City Secretary is hereby authorized to cause publication of the descriptive caption of this Ordinance as an alternative method provided by law and this Ordinance shall become effective ten days after its last publication. AND IT IS SO ORDERED. Passed by the City Council on first reading this 9th Passed by the City Council on second reading this 16th day of December , 1999. day of December , 1999. ~~.Ju& WINDY SITT , MAYOR 3 APPROVED AS TO CONTENT: APPROVED AS TO FORM: JK:cp/Airport-Heliports.ord ccdocs/November 11, 1999 -:::•' 4