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HomeMy WebLinkAboutOrdinance - 2010-O0091 - Amending Chapter 6 Code Of Ordinances - 12/02/2010First Reading December 2, 2010 Item No. 5.15 ORDINANCE NO. 2010-0_0_0_91 ___ _ Second Reading December 15, 2010 Item No. 5.37 AN ORDINANCE AMENDING CHAPTER 6 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO REPEALING OUTDATED AND UNNECESSARY PROVISIONS, AMENDING PROVISIONS TO ENCOMPASS CURRENT AVIATION PRACTICES, AND CONFORMING THE ORDINANCE TO THE STANDARDS AND CONVENTIONS OF THE REST OF THE CODE OF ORDINANCES; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING FOR PUBLICATION. WHEREAS, the City Council of the City of Lubbock, Texas finds and determines that it is in the best interest of the citizens of the City of Lubbock to make the following amendments to Chapter 6 of the Code of Ordinances of the City of Lubbock; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT Section 6.02.001 of the Code of Ordinances, City of Lubbock, Texas, is hereby amended to read as follows: Sec. 6.02.001 Airport revenue fund; budget There is hereby established a fund which shall be referred to and be designated as the "airport fund." The chief accountant is directed to establish this fund, as designated, in the city depository and in his accounts, and to place in such fund all airport revenues not otherwise disbursable. All revenues produced by operation of the airports shall be paid into this fund, and no disbursements shall be made therefrom except for the purpose of operating, maintaining and developing airports; all expenditures shall be made within the amounts and limits established by the airport budget for each fiscal year. It shall be the duty of the director of aviation to timely submit to the city manager an annual budget which has been reviewed by the airport board for preliminary approval and inclusion in the city manager's annual budget presentation to the city council for adoption. SECTION 2. THAT Section 6.02.031 of the Code of Ordinances, City of Lubbock, Texas, is hereby amended to read as follows: Sec. 6.02.031 Office created There is hereby created the office of director of aviation who shall be appointed by the city manager. SECTION 3. THAT Section 6.02.032 of the Code of Ordinances, City of Lubbock, Texas, is hereby amended to read as follows: Sec. 6.02.032 Duties generally The director of aviation shall be and is hereby charged with the general management and control of the airport and other airport facilities owned and operated by the city and is hereby authorized, directed and empowered to supervise all operations of every nature conducted at such airports and facilities. It shall also be the duty of the director to fully account for all properties in his custody and for all moneys collected and disbursed under his supervision and direction to the city manager in the same manner as other employees of the city or as directed. The director of aviation shall be responsible for the proper operation of all airport facilities, including all lands, buildings and other facilities not directly connected with aviation, but included on the airport property. SECTION 4. THAT Section 6.02.033 of the Code of Ordinances, City of Lubbock, Texas, is hereby amended to read as follows: Sec. 6.02.033 Police power; employment of personnel Within the boundaries of lands constituting airports owned and operated by the city, the director of aviation shall have and is hereby authorized and directed to exercise all police powers vested in the chief of police, and to this end is hereby delegated full authority to direct all guards necessary to protect the safety and welfare of the public, as well as all airport properties; provided, however, that all such guards and other employees shall be employed in accordance with the usual personnel practices of the city. SECTION 5. THAT Section 6.03.003 of the Code of Ordinances, City of Lubbock, Texas, is hereby amended to read as follows: Sec. 6.03.003 Commercial activities No person shall use the airport for the purpose of carrying on any commercial activity; for the carrying for hire of passengers, freight, express or mail; for the instruction in aviation in any of its branches; for the conduct of any phase of any aviation activity; for the sale of fuel or refreshments or for any other commercial purpose, unless a lease or use agreement has been approved by the city council. SECTION 6. THAT Section 6.03.032 of the Code of Ordinances, City of Lubbock, Texas, is hereby amended to read as follows: Sec. 6.03.032 Adoption of regulations The civil air regulations promulgated by the Federal Aviation Administration, and security regulations promulgated by the Transportation Safety Administration, are hereby referred to, adopted and made a part of this chapter as though fully set forth and incorporated herein. 2 SECTION 7. THAT Section 6.03.034 of the Code of Ordinances, City of Lubbock, Texas, is hereby repealed. SECTION 8. THAT Section 6.03 .035 of the Code of Ordinances, City of Lubbock, Texas, is hereby amended to read as follows: Sec. 6.03.034 Liability for damage to airport Any person causing damage of any kind to the airport, whether through violation of any of these rules or through any act of omission or commission, shall be liable therefor to the city. SECTION 9. THAT Section 6.03 .036 of the Code of Ordinances, City of Lubbock, Texas, is hereby amended to read as follows: Sec. 6.03.035 City not liable for injuries or damage Any person entering upon the grom1ds of the airport or using such airport for any purpose shall do so at his own risk and shall hold the city harmless from and on account of any claim for injury or damage to his person or property suffered thereby. II SECTION 10. THAT Section 6.03.037 of the Code of Ordinances, City of Lubbock, Texas, is hereby amended to read as follows: Sec. 6.03 .036 Enforcement of payment of charges To enforce the payment of any charge for repairs, improvements, storage, damage or care of any personal property made or furnished by the city or its agents in connection with the operation of the airport, the city shall have a lien upon such personal property, which shall be enforceable as provided by law. To enforce the payment of any such charge, the director of aviation may retain possession of such personal property until all such charges shall have been paid in full SECTION 11. THAT Section 6.03 .038 of the Code of Ordinances, City of Lubbock, Texas, is hereby amended to read as follows: Sec. 6.03.037 Removal of wrecks Every aircraft owner, his pilot or agent shall be responsible for the prompt removal from the landing area, under the supervision of the director of aviation, of any wrecked aircraft. SECTION 12. THAT Section 6.03.039 of the Code of Ordinances, City of Lubbock, Texas, is hereby amended to read as follows: 3 Sec. 6.03.038 Traffic regulations All vehicular traffic shall be confined to roads, streets and avenues on the grounds of the I airport, and no person shall enter the landing area with an automobile, truck, motor scooter, motorcycle, bicycle or other vehicle; provided, that this rule shall not apply to airport maintenance vehicles nor to gasoline trucks engaged in servicing aircraft, pursuant to Federal Aviation Regulation, Part 139. In an emergency, ambulances and fire trucks may enter the landing area under the direction of the director of aviation or the chief controller on duty in the traffic-control tower. SECTION 13 . THAT Article 6.03, Division 3, Sections 6.03.071 through 6.03.091, inclusive, of the Code of Ordinances, City of Lubbock, Texas, are hereby I repealed. SECTION 14. THAT Section 6.04.002 of the Code of Ordinances, City of Lubbock, Texas, is hereby amended to read as follows: Sec. 6.04.002 Same-Exception The one thousand (1 ,000) feet minimum altitude in section 6.04.001 shall not apply to agricultural aerial spraying by operators who have applied for and been issued an aerial spraying pennit by the Director of Aviation. SECTION 15. THAT Section 6.04.031 of the Code of Ordinances, City of Lubbock, Texas, is hereby amended to read as follows: Sec. 6.04.031 From other than public airport (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 director of aviation. SECTION 16. THAT Section 6.04.032 of the Code of Ordinances, City of Lubbock, Texas, is hereby amended to read as follows: Sec. 6.04.032 In vicinity of city 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 (1 ,000) feet above the city, unless such takeoff or landing is from an airport, heliport or fixed helicopter landing site previously approved by the director of aviation. 4 II SECTION 17. THAT Section 6.04.034 of the Code of Ordinances, City of Lubbock, Texas, is hereby amended to read as follows: Sec. 6.04.034 Temporary landing site permit No aircraft, including, without limitation, helicopters, balloons, blimps or dirigibles shall land at any place within the city limits unless authorized under section 6.04.031 of this division. 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 ofthe proposed landing site. (2) Date or dates and hours of operation. (3) Type of aircraft to be used, aircraft registration ("N" number), company name, owner/operator of the aircraft 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. (7) Confirmation, if required by federal aviation regulations, that notification to the FAA has been accomplished. (8) Name and title of person making the request. (9) Actions that will be taken to ensure the safety of persons and property. SECTION 18. THAT, unless otherwise provided herein, a violation of any provision of this Ordinance shall be deemed a misdemeanor punishable as provided by Section 1-4 of the Code of Ordinances of the City of Lubbock. SECTION 19. THAT should any paragraph, section, sentence, phrase, clause or word of this Ordinance be declared unconstitutional or invalid for any reason, the remainder of this Ordinance shall not be affected thereby. SECTION 20. THAT the City Secretary of the City of Lubbock is hereby authorized and directed to cause publication of the descriptive caption of this Ordinance as an alternative method provided by law. 5 SECTION 21. THAT this Ordinance shall become effective, except as may otherwise be provided herein, from and after its publication as provided by law. AND IT IS SO ORDERED. Passed by the City Council on first reading this 2nd day of December , 2010. Passed by the City Council on second reading this 15th day of December, 2010. TOM MARTIN, Mayor ATTEST: !APPROVED AS TO FO 6 Article 6.0 I Article 6.02 Division I. Division 2. Article 6.03 Division I. Division 2. I .(\rticle 6.04 Division I. Division 2. CHAPTER6 AVIATION AND AIRPORTS General Provisions Administration Generally Director of Aviation Lubbock Preston Smith International Airport Generally Rules and Regulations General Aircraft Operatiol! _________ _ Generally Takeoffs and Landings 6·1 Ordinance No. 2010-00091 6-3 6-3 6-3 6-3 6-4 6-4 6-5 6-10 6-10 6-11 · · Deleted: . Division 3 .. Air Traffic Rules . 6-61 Lubbock Code o(Ordinances Clraprer 6: Aviation and Airports [This page intentionally left blank.) 6-2 Lubbock Code o(Ordrnqtlcts Cheerer 6: Avioii0/1 ondA!rporls ARTICLE 6.01 GENERAL PROVISIONS' Sec. 6.01.001 Definition For the purposes of this chapter, "the airport" shall mean the Lubbock Preston Smith International Airport. ( 1983 Code, sec. S-1; Ordinance 2004-00113, sec. 2, adopted I 012 8/2004) ARTICLE 6.02 ADMINISTRATION Division I. Generally Sec. 6.02.001 Airport revenue fund; budget There is hereby established a fund which shall be referred to and be designated as the "airport fund."' The chiefaccountant is directed to establish this fund, as designated. i1_1 the city depository and in his accounts, and to place in such fund all airport revenue~ All revenues produced by operation of the airports shall be paid into this fund, and no disbursements shall be made therefrom except for the purpose of operating, maintaining and developing airports; all expenditures shall be made within the amounts and limits established by the airport budget for each fiscal year. It shall be the duty of the director of aviation to timely submit to the city manager an annual budget which has been reviewed by the airport board for preliminary approval and inclusion in the cit> manager's annual budget presentation to the cit> coun_cll for adoption. (Ordinance 898, sec. 5, adopted 2/1 0/1949; 1959 Code, sec. 3-4; Ordinance 5114, sec. I. adopted 10127/1 966; I 983 Code. sec. 5-5) . -·1 Deleted: revenue Sec. 6.02.002 Airport board Provisions concerning the airport board are as provided in article 2.03. di\ision 8 of this code. (Ordinance adopting Code) Sees. 6.02.003-6.02.030 Reserved Division 2. Director of Aviation Sec. 6.02.031 Office created There is hereby created the office of director of aviation who shall be appointed by the city manager._~ (Ordinance 898. sec. 3,adopted 2/\0/1949; 1959 Code, sec. 3-1; Ordinance 5114, sec. •. I. adopted I 0/27/1966: 1983 Code, sec. 5-2) Sec. 6.0l .03l Duties generally The director of aviation shall be and is hereby charged with the general management and control of the airport and other pirport facilities owned and operated by the city and is hereby authorized .•. directed and empowered to supervise all operations of every nature conducted at such airports and facilities. It shall also be the duty of the director to fully account for all properties in his custody and for all moneys collected and disbursed under his supervision and direction to the city manager in the same manner as other employees of the city or as directed. The director of ·State Jaw reference-County and municipal airports, V.T.C.A , Transportation Code, ch 22. · ( Deleted: not otherw•se d1sburSIIble ' Deleted: nnd sh•ll be directly responsible to him or his dcsii!Tloled starr director I Deleted: oir navigation .. Lubbock Code cfOrdmancts Chaorer 6: dV1at10n and Airports aviation ~hall be responsible for the P.ro_Iler J.>llF~oq of all airport facilities, including all lands, buildings and other facilities not dire.ctly connected with aviation, but included on the airport property. (Ordinance 898, sec. 3, adopted 211011949; 1959 Code, sec. 3-2; Ordinance 5114, sec. I, adopted 10/27/1966; 1983 Code, sec. 5-3) Sec. 6.02.033 Police power; employment of personnel Within the boundaries of lands constituting airports owned and operated b)' the city, the director of aviation shall have and is hereby authorized and directed to exercise all police powers vested in the chief of police, and to this end is hereby delegated full authority to direct all guards necessary to protect the safety and welfare of lhe public, as well as all airport propertie!l: provided. however. that nil such guards and other employees shall be employed in accordance with the usual personnel practices of the city. (Ordinance 898, sec. 4, adopted 2/1 0/1949; 1959 Code. sec. 3-3; Ordinance 5114, sec. I, adopted I 0/27 /1966; 1983 Code, sec. 5-4) ARTICLE 6.03 LUBBOCK PRESTON SMITH INTERNATIONAL AIRPORT Division I. GeneraJiy Sec. 6.03.001 Violations Any person operating or handling an aircraft or motor vehicle in violation of any provision of this article, or refusing to comply therewith, may be ejected from the municipal airport, or may be grounded by the director of aviation, and, upon a hearing of the airport board, may be deprived of the further use of the airport and its facil ities for any period of time that may appear necessary for the protection of life and property. (Ordinance 1021, sec. 5, adopted 8/24/1950; 1959 Code, sec. 3-28; I 983 Code, sec. 5-26) Sec. 6.03.002 Copies of article The director of aviation shall have copies of this article printed and at all times available in his office and shall furnish such copies to owners and operators of aircraft and other users of the airport. (Ordinance I 021, sec. 4, adopted 8/24/1950; 1959 Code, sec. 3-27: 1983 Code, sec. 5-27) Sec. 6.03.003 Commercial activities No person shall use the airport for the purpose of carrying on any commercial activity; for the carrying for hire of passengers, freight, express or mail; for the instruction in aviation in any of its branches; for the conduct of any phase of any aviation activity; for the sale of fuel or refreshments or for any other commercial purpose, unless a lease or usc agreement has been approved by the city counci~ (Qr~inf!.!l.~~J~~.lt ~e~·-2, adopted 8/24/1950; 1959 Code, sec. 3-24; 1983 Code, sec. 5-28) Sees. 6.03.004--6.03.030 Reserved 6-4 -Deleted: shall bave such other dulles as may b: prescribed by the cooncd and Deleted: operllting Deleted: , and also the security of the water treannenl facilities and grounds on the east side of the airport ··{_Deleted: or its duly authoriud agenu Lubbock Code ofOrdmati~S Chapter 6: Aviation and Airports Division 2. Rules and Regulations Sec. 6.03.031 Generally The rules and regulations in this division shall govern the conduct and operation of the airport and shall be observed by all persons using, operating at or visiting such airpon. (Ordinance I 021, sec. 3, adopted 8/24/1950; 1959 Code, sec. 3-25; 1983 Code, sec. 5-29) Sec. 6.03.031 Adoption of regulations The civil air regulations promulgated by the Federal Aviation Administration. and securitv regulations promulgated bv the Transportation Safety Administration. are hereby referred to, adopted and made a part of this chapter as though fully set fonh and incorporated herein. (Ordinance 1021, sec. 3, adopted 8/24/1950; 1959 Code, sec. 3-25; 1983 Code, sec. 5-30) Sec. 6.03.033 Licensing of aircraft and airmen No aircraft or airman shall operate upon or over the airport, unless such aircraft or airman is duly licensed by the Federal Aviation Administration; provided, that this limitation shall not apply to students in training under a licensed instructor, nor to public aircraft of the United States government or of a state, territory or political subdivision thereof, nor to any aircraft licensed by a foreign government with which the United States has a reciprocal agreement covering the operation of such licensed aircraft. (Ordinance 1021, sec. 3, adopted 8/24/1950; 1959 Code, sec. 3-25; 1983 Code, sec. 5-31) 'l -~~~--~4 -·. ~--.• Sec. 6.03.03~-. Liabili~. for ~!'mage to ~irport .. Any person causing damage of any kind to the airport, whether through violation of any of these rules or through any act of omission or commission, shall be liable therefor to the city. (Ordinance I 021, sec. 3, adopted 8/24/1950; 1959 Code, sec. 3-25; 1983 Code, sec. 5-33) Sec. 6.03.03~ ... __ City _not li_a~lef~r !~juries ~r-~~-IJia.&~ .................................................... . Any person entering upon the grounds of the airport or using such airpon for any purpose shall do so at his own risk and shall hold the city harmless from and on account of any claim for injury or damage to his person or property suffered thereby. (Ordinance 1021, sec. 3, adopted 8/24/1950: 1959 Code, sec. 3-25; 1983 Code, sec. 5-34) Deleted: S«. 6.03.034 . Intoxicated person flying over airport1J , No person under the influence of intoxicants or nar~oti~s shAll opcmte or fly in any aircraft upon or over the airpon; provided. tbot such prohibition shall not apply to a passenger when accompanied by adequate medical attendants. (Ordinance 1021, sec. 3, , adopted 8/24/1950; 1959 Code, soc. 3-25; 1983 Code. sec. S·32}'i Deleted: 5 Deleted::.::_6. _______ _~ Sec. 6.03.03§._ .. E;nf~rcement of p11yment of charg~-~ .......................................................... ...-j Deleted_:_ 1 -------' To enforce the payment of any charge for repairs, improvements, storage. damage or care of any personal property made or furnished by the city or its agents in connection with the operation of the airport, the city shall have a lien upon such personal propeny, which shall be entorceable as 6-5 Lubbock Code of Ordinances Chaorer 6: Al'latioll o11d Airpons provided by law. To enforce the payment of any such charge, the director of aviation may retain possession of such personal property until all such charges shall have been paid in full. (Ordinance 1021, sec. 3, adopted 8/24/1950; 1959 Code, sec. 3-25; 1983 Code, sec. 5-35) Deleted: 8 Deleted: 9 .' . ,. Deleted: 40 Se~. 6.03.037. Removal of wrecks ·' : ..:JI.------------------·---· .................................... ~ .•••.• + •• + •••••• + ......................................... .. Deleted: Division 3. Air Traffic Rultot11 !: 'l Every aircraft owner, his pilot or agent shall be responsible for the prompt removal from the landing area, under the supervision of the director of aviation, of any wrecked aircraft. (Ordinance I 021, sec. 3. adopted 8/24/1950: 1959 Code. sec. 3-25: 1983 Code, sec. S-36) :; Sre. 6.03.071 .: l Right prioriries1 Sec. 6.03.03~ ..... Ir.~ffic _ _r:~g~_l_aH~.JJ.s ...................................................................... . '• ;. .... •. :': •' ,. .·.· ,. All vehicular traffic shall be confined to roads, streets and avenues on the grounds of the airport, i! and no person shall enter the landing area with an automobile, truck, motor scooter, motorcycle, · · ,:l bicycle or other vehicle: provided, that this rule shall not apply to airport maintenance vehicles nor to gasoline trucks engaged in servicing aircraft, pursuant to Federal Aviation Regulation, Part /j 139. In an emergency, ambulances and fire trucks may enter the landing area under the direction i! of the director of aviation or the chief controller on duty in the traffic-control tower. (Ordinance :: 102 L sec. 3, adopted 8/2411950: 1959 Code, sec. 3-25; 1983 Code, sec. S-37) : .. Sees. 6.03.0~:9.~:9.?~ .......... R~~~~~~ ...................................................................... :: I , ............................................................................................................................... ; ARTICLE 6.04 GENERAL AIRCRAFT OPERATION Division l. Generally Sec. 6.04.001 Minimum altitude-Generally It shall be unlawful for any person to operate any aircraft over the city at an altitude less than that altitude which will permit a landing oulside the congested area in the event of a complete power failure, but in no event at an altitude of less than one thousand (I ,000) feet above the ground or water surface. (Ordinance 1233, sec. 3, adopted 6/24/1952; 1959 Code, sec. 3-9; 1983 Code, sec. 5-9} Sec. 6.04.001 Same-Exception The one thousand (1,000) feet minimum altitude in section 6.04.001 shall not apply to agricultural aerial spraying by operators who have applied for and been issued an aerial spraying permit by the .Q.i.r~.tor of Aviation. (1983 Code, sec. 5-9A; Ordinance 2001-00079, sec. L adopted 10/11 /2001) Sec. 6.04.003 Disturbing persons on ground It shall be unlawful for any person to operate aircraft engines through acceleration or deceleration while over the city in such a manner as will distract, excite or disturb persons on the ground, regardless of altitude. (Ordinance 1233, sec. 4, adopted 6/24/1952; 1959 Code, sec. 3-1 0; 1983 Code, sec. S-1 0) Se~. 6.04.004 Aerobatics 6·6 'j (a) . The follomng flight priorities are established for the airport:~ ~ (I). Fjrxl orioritv. Arriving and d.:-p;>rting aircraft. both scheduled and nonscheduled, shall be accorded first priority, shall have the right·of·way over aircraft flying locally arulloeal night traffic patterns shall be diverted to pennit their am val and depunure in afety aNI without undue dclay;V 11 (2). Second oriority. local flying civilian aircraft shQJI be accorded second prioriry.'l! 11 (b). The priorities established by this ~ction shall be void in the event of any emergency. 'I! v (Ordinance 1021, sec. 4.udopted 8/2411950: 1959 Code. sec. 3·26: Ordinance 3627, sec. I, adop!ed 10/2611961; 1983 Code, see. S-38(a))'1 'li Srr. 6.0:M71 . T•xiing spttd' ~ All aircraft in motion on che ground ul the airpOrt shall be taxied at a safe and reasonable speed. with due regard for o!her aircraft. persons and property. (Ordinance 1021. sec. 4. adopted 8124/1950; 1959 Code. sec. 3·26: Ordinance 3627, sec. I, adopted 1012611961: 1983 Code, sec. S-38(b))1i 1J ------------Page 8re.1k-----------I Sr<. 6.03.073 . Parlc.intJ ! , : Aircraft awaiting tokeoff from the airport ' sholl park at least one hundred ( 100) feer from any runway in use and in a position so as to have a direct view of aircraft approaching for landing. (Ordinance 1021. sec. 4, adopted 812411950; 1959 Code. sec. 3-26; Ordinance 3627. sec. I. adopted 10/26/1961: 1983 Code. sec. s. 38(c))~ , Sec. 6.03.074 . Taxi patltrns, "J Taxiing aircraft shall confonn to the IIIXi pun ems set forth 011 the taxi chart, copies of which ure on file in the offices of lhe director of avintion 1111d the city secn:tnry, unless othenvise authorized by the lubbock tower. (Ordinance 1021. sec, 4. adopted 812411950: 1959 Code, sec. J-26; I Ordinance 3627. sec. I. adopted 10126/1 961: 1983 Code. sec. 5-38r::Tif Deleted: City oflubb~ck Department Lubbock Code of Ordinances Chapter 6: Avianon and Airoorts It shall be unlawful for any person to perfonn aerobatics or, being the owner of any aircraft. to permit the perfonnance of aerobatics, in an aircraft over the city at any altitude. It is an exception to the application of this section that aerobatic events occur under the following conditions: {I) The event is approved by the city council; (2) The event is coordinated with the Federal Aviation Administrator's flight stondords district office. and a waiver is obtained for same; and (3) The event is conducted solely within airspace for which the waiver was sought. (Ordinance 1233, sec. 5. adopted 6/24/1952; 1959 Code, sec. 3-11: I 983 Code, sec. 5-I I; Ordinance I 0206, sec. I. adopted I 0/28/1999) Sees. 6.04.005--6.04.030 Reserved Division 2. Takeoffs and Landings Sec. 6.04.031 From other than public airport {a) It shall be unlawful for any person to take off or land or, being the owner of any aircraft, to permit or authorize lhe taking otT or landing of any aircraft within the corporate limits of lhe city. unless such taking off or landing is from an airport, heliport or fixed helicopter landing site that has been previously approved by Jhe director_of aviation. (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 6.04.034 of this division. (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. (Ordinance 1233, sec. I, adopted 6/24/1952; 1959 Code, sec. 3-6; Ordinance 5770. sec. I, adopted I 0/2311969; 1983 Code, sec. 5-6; Ordinance I 0229, sec. 2, adopted I Ill 1/1999) Sec. 6.04.032 In Yicinity of city It shall be unlawful for any person to take ofT or land any aircraft or, being the owner of such aircraft. to knowingly permit lhe 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 (I ,000) feet above the city, unless such takeoff or landing is from an airport, heliport or fixed helicopter landing site previously approved by the p irector of aviation, (Ordinance 1233, sec. 2. adopted 6/24/1952; 1959 Code, sec. 3-7; 1983 Code, sec. 5-7; Ordinance 10229, sec. 3, adopted I 1/1 I 11999) 6-1 Deleted: the IIIJPO'l bo~~rd 1111d tile cily manager Deleted: or Ius d•sogn"• Deleted: aitpon bo:Ull and the city munager Deleted: or his designee Lubbock Codt ofOrdman~s Chapter 6: Al'iotion and Airports Sec. 6.04.033 Exceptions Sections 6.04.031 and 6.04.032 shall not apply to properly licensed emergency helicopters or other similar aircraft operated or directed by Jaw enforcement agencies when acting in an emergency only. (1959 Code, sees. 3-6, 3-7; Ordinance 5770, sees. I. 2, adopted 10/23/1969; 1983 Code, sec. S-8) Sec. 6.04.034 J)mporary landing site permit No aircraft. including. without limitation. helicopters. balloons. blimps or dirigibles shall land at any place within the city limits unless authorized under section 6.04.031 of this division. J._aodings and takeoffs at temporary sites require a permit issued by the director of aviation. Absent exigent circumstances, a written request for a penn it 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 infonnation: ( 1) The exact location of the proposed landing site. (2) Date or dates and hours of operation. {3) Type of J!ircraft toubf. _ _l!~e-~L~j~~_r-~~uregistration ("N" number), company name, owner/operator of the.@i_~c_r_~ft ~d 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. (7) Confirmation. if required by federal aviation regulations, that notification to the FAA has been accomplished. (8) Name and title of person making the request. (9) Actions that will be taken to ensure the safety of persons and property. ( 1983 Code, sec. S-12; Ordinance 10229, sec. 4, adopted 11/11 I 1999) Sec. 6.04.035 Insurance for temporary landing site 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. (1983 Code, sec. 5-13; Ordinance I 0229, sec. 5. adopted 11/11 /1999) 6-8 l Deleted: Helicopter t l Deleted: Helicop1er 1 -. ·-··-----· -··-..... __ j Deleted: helicopter or nelicoplca Deleted: helicopter Page 6: [lJ Deleted 144676 11/2/2010 10:53:00 AM Division 3. Air Traffic Rules Sec. 6.03.071 Fligbt priorities (a) The following flight priorities are established for the airport: (1) First priority. Arriving and departing aircraft, both scheduled and nonscheduled, shall be accorded first priority, shall have the right-of-way over aircraft flying locally and local flight traffic patterns shall be diverted to permit their arrival and departure in safety and without undue delay; (2) Second priority. Local flying civilian aircraft shall be accorded second priority. (b) The priorities established by this section shall be void in the event of any emergency. (Ordinance I 021 , sec. 4, adopted 8/24/1950; 1959 Code, sec. 3-26; Ordinance 3 627, sec. 1, adopted 10/26/1961; 19 83 Code, sec. 5-38(a)) Sec. 6.03.072 Taxiing speed All aircraft in motion on the ground at the airport shall be taxied at a safe and reasonable speed, with due regard for other aircraft, persons and property. (Ordinance 1 021, sec. 4, adopted 8/2411950; 1959 Code, sec. 3-26; Ordinance 3627, sec. 1. adopted I 0/26/1961; 1983 Code, sec. 5- 38(b)) ·--------------------------------------------------·Page BreaK--------------------------------------------------- Sec. 6.03.073 Parking Aircraft awaiting takeoff from the airport shall park at least one hundred (I 00) feet from any runway in use and in a position so as to have a direct view of aircraft approaching for landing. (Ordinance 1021 , sec. 4, adopted 8/24/1950; 1959 Code, sec. 3-26; Ordinance 3627, sec. 1, adopted 10/26/1 961; 1983 Code, sec. 5-38(c)) Sec. 6.03.074 Taxi patterns Taxiing aircraft shall conform to the taxi patterns set forth on the taxi chart, cop ies of which are on file in the offices of the director of aviation and the city secretary, unless otherwise authorized by the Lubbock tower. (Ordinance 1021, sec. 4, adopted 8/24/1950; 1959 Code, sec. 3 -26; Ordinance 3627, sec. 1, adopted 10/26/1961; 1983 Code, sec. 5-38(d)) Sec. 6.03.075 Taxiing and takeoff controlled by tower or signals Aircraft with operating radio equipment shall contact the Lubbock tower for instructions prior to taxiing or taking off from the municipal airport. Aircraft without operating radio equipment shall be governed by standard light signals used for the control of air traffic. (Ordinance 1021, sec. 4, adopted 8/2411950; 1959 Code, sec. 3-26; Ordinance 3627, sec. 1, adopted 10/26/1961; 1983 Code, sec. 5-38(e)) Sec. 6.03.076 Aircraft to contact tower for landing instructions Aircraft with operating radio equipment, which intend to land at the municipal airport, shall contact the Lubbock tower for instructions fifteen (15) miles out, or at least outside the control zone. (Ordinance 1021, sec. 4, adopted 8/24/1950; 1959 Code, sec. 3-26; Ordinance 3627, sec. I, adopted 10/2611961; 1983 Code, sec. 5-38(f)) Sec. 6.03.077 Aircraft without radio to circle and watch for light signals Before landing at the airport, aircraft without radio shall circle the airport to determine the runway in use and shall keep a close watch on the control tower while on their base leg for light signals. (Ordinance 1021, sec. 4, adopted 8/24/1950; 1959 Code, sec. 3-26; Ordinance 3627, sec. 1, adopted 10/2611961 ; 1983 Code, sec. 5-38(g)) Sec. 6.03.078 Aircraft flying locally to remain in contact with tower Aircraft flying locally shall remain in constant radio communication with the Lubbock tower while in the traffic pattern or the Lubbock control zone. (Ordinance 1021, sec. 4, adopted 8/24/1950; 1959 Code, sec. 3-26; Ordinance 3627, sec. I, adopted 10/26/1961 ; 1983 Code, sec. 5- 38(h)) Sec. 6.03.079 Caution and courtesy when entering traffic pattern Aircraft entering the traffic pattern shall exercise extreme caution and courtesy so as not to cause aircraft already in the pattern to deviate from their course. (Ordinance 1021, sec. 4, adopted 8/24/1950; 1959 Code, sec. 3-26; Ordinance 3627, sec. 1, adopted 10/26/1961; 1983 Code, sec. 5- 38(i)) ----------------------------------------------------Page Break--------------------------------------------------· Sec. 6.03.080 Traffic direction The traffic direction shall be lefthand or counterclockwise unless otherwise authorized by the control tower. (Ordinance 1021, sec. 4, adopted 8/24/1950; 1959 Code, sec. 3-26; Ordinance 3 627, sec. 1, adopted 10/2611961; 1983 Code, sec. 5-3 80)) Sec. 6.03.081 Calm wind runway Runway number three (3) at the municipal airport shall be designated as the calm wind runway. (Ordinance 1021, sec. 4, adopted 8/24/1950; 1959 Code, sec. 3-26; Ordinance 3627, sec. 1, adopted 1 0/26/1961 ; 19 83 Code, sec. 5-3 8(k)) Sec. 6.03.082 Landings and takeoffs (a) Procedure. Landings and takeoffs shall be made directly into the wind or on the runway or landing strip most nearly aligned with the wind unless otherwise authorized by the control tower. (b) Distance. No landing or takeoff shall be made except at a safe distance from buildings and other aircraft. (Ordinance 1021, sec. 4, adopted 8/24/1950; 1959 Code, sec. 3-26; Ordinance 3627, sec. I, adopted 10/26/1961; 1983 Code, sec. 5-38(1), (m)) Sec. 6.03.083 Turns · .. No tum shall be made after takeoff until the airport boundary has been reached, the aircraft has attained an altitude of at least four hundred (400) feet above the surface and it has been ascertained there will be no danger of collision with other aircraft. (Ordinance 1021, sec. 4, adopted 8/24/1950; 1959 Code, sec. 3-26; Ordinance 3627, sec. 1, adopted I 0/2611961; 1983 Code, sec. 5-38(n)) Sec. 6.03.084 Takeoffwhen aircraft remains in traffic pattern (a) Light or slow aircraft. All light or slow aircraft intending to remain in the traffic pattern shall continue to climb to traffic altitude of one thousand (1,000) feet above the surface after the first ninety-degree tum and shall thereafter follow the pattern as set forth on the traffic pattern chart, copies of which are on file in the offices of the director of aviation and the city secretary. (b) Large or fast aircraft. All large or fast aircraft intending to remain in the traffic pattern shall continue to climb to traffic altitude of one thousand five hundred (1 ,500) feet above the surface after the first ninety-degree tum and shall thereafter follow the pattern as set forth on the traffic pattern chart, copies of which are on file in the offices of the director of aviation and the city secretary. (Ordinance 1021, sec. 4, adopted 8/24/1950; 1959 Code, sec. 3-26; Ordinance 3627, sec. 1, adopted 10/26/1961; 1983 Code, sec. 5-38(o), (p)) Sec. 6.03.085 ----------Page Break--------------- Procedure wben leaving traffic pattern (a) Light or slow aircraft. All light or slow aircraft leaving the traffic pattern shall climb to traffic altitude of one thousand ( 1 ,000) feet above the surface after the first ninety-degree tum and shall then leave traffic by making a forty-five-degree right tum away from the traffic pattern. (b) Large or fast aircraft. All large or fast aircraft leaving the traffic pattern shall climb to traffic altitude of one thousand five hundred ( 1 ,500) feet above the surface after the first ninety- degree tum and shall then leave traffic by making a forty-five-degree right tum away from the traffic pattern. (Ordinance 1021, sec. 4, adopted 8/24/1950; 1959 Code, sec. 3-26; Ordinance 3627, sec. 1, adopted 10/26/1961; 1983 Code, sec. 5-38(q), (r)) Sec. 6.03.086 Procedure when entering traffic pattern (a) Light or slow aircraft. All light or slow aircraft entering the traffic pattern shall do so at an angle of forty-five ( 45) degrees midway on the downwind leg at an altitude of one thousand ( 1 ,000) feet above the surface. (b) Large or fast aircraft. All large or fast aircraft entering the traffic pattern shall do so at an angle of forty-five ( 45) degrees midway of the downwind leg at an altitude of one thousand five hundred ( 1 ,500) feet above the surface. (Ordinance 1021, sec. 4, adopted 8/24/1950; 1959 Code, sec. 3-26; Ordinance 3627, sec. 1, adopted 10/26/1961; 1983 Code, sec. 5-38(s), (t)) ' . Sec. 6.03.087 Aircraft below 1,500 feet and within tbree miles of airport All aircraft in flight below fifteen hundred (1,500) feet above the surface, within a three-mile radius of the airport, shall confonn with local traffic and with the rules set out in this division and the traffic diagrams shown on the traffic pattern chart, copies of which are on file in the offices of the director of aviation and the city secretary, unless otherwise authorized by the Lubbock tower. (Ordinance 1021, sec. 4, adopted 8/24/1950; 1959 Code, sec. 3-26; Ordinance 3627, sec. 1, adopted 10/26/1961; 1983 Code, sec. 5-38(u)) Sec. 6.03.088 Aircraft requiring two-way radio All aircraft based at the airport and/or regularly using the airport for the conduct of commercial flying, local flying practice, student instruction and/or regularly domiciled at the airport shall be equipped with an adequate operating two-way radio communications system capable of receiving and acknowledging airport traffic control instructions. (Ordinance 1021, sec. 4, adopted 8/2411950; 1959 Code, sec. 3-26; Ordinance 3627, sec. I, adopted 10/26/1961; 1983 Code, sec. 5- 38(v)) Sec. 6.03.089 Aircraft with peculiar characteristics Scheduled air carriers and aircraft having flight characteristics which make the procedures set out in this division impractical shall be flown at an altitude of two thousand (2,000) feet and shall ------------------------------·········-------------Page Break·····---------------------------··--·---·---------· conform to the rectangular pattern shown on the traffic pattern chart. (Ordinance 1021 , sec. 4, adopted 8/24/1950; 1959 Code, sec. 3-26; Ordinance 3627, sec. 1, adopted 10/26/1961; 1983 Code, sec. 5-38(w)) Sec. 6.03.090 Owner or operator to provide two-way radio No person shall operate an airplane, or being the owner of an airplane based or domiciled at the airport, penn it the operation of such airplane on, over or within the traffic pattern of the airport for local flying practice, student instruction or any commercial flight operation unless that aircraft is equipped with an adequate operating two-way radio communications system capable of receiving and acknowledging airport traffic instructions issued for the control of air and/or surface traffic at the airport by the control tower. (Ordinance I 021, sec. 4, adopted 8/24/1950; 1959 Code, sec. 3-26; Ordinance 3 627, sec. 1, adopted 10/26/1961; 1983 Code, sec. 5-3 8(x)) Sec. 6.03.091 Deviation from rules (a) Generally. Aircraft in two-way radio communication with the tower may deviate from any of the rules set out in this division when authorized by the Lubbock tower. (b) Emergency. The rules set out in this division may be deviated from when an immediate emergency presents itself that requires such deviation in the interest of safety. (Ordinance 1021, sec. 4, adopted 8/24/1950; 1959 Code, sec. 3-26; Ordinance 3627, sec. 1, adopted 10/26/1961; 1983 Code, sec. 5-38(y), (z))