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HomeMy WebLinkAboutO-1989-1660 . JULY 11, 1989 e . ORDINANCE NO. 1660 AN ORDINANCE ESTABLISHING RULES AND REGULATIONS FOR THE OPERATION OF THE LA PORTE MUNICIPAL AIRPORT; PROVIDING THAT FEDERAL AVIATION REGULATIONS (FAR) SHALL PREVAIL IN CASE OF CONFLICT; PROVIDING A SAVINGS CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR, AND SHALL BE PUNISHED BY FINE IN ANY SUM NOT EXCEEDING TWO HUNDRED DOLLARS ($200.00); AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: SECTION 1. DEFINITIONS. As used in this ordinance 1. "ABOVE GROUND LEVEL (AQL)" means altitude expressed in feet measured from ground level. 2. "AIRPORT" means the La Porte Municipal Airport, which is that area of land that is used or intended to be used for the landing and take-off of aircraft, and includes its buildings and facilities. ORDINANCE NO. 1660 e e 3. "AIRPORT MANAGER" means the Director of Public Works, or other individual appointed by the City Manager. The Airport Manager is designated to oversee and manage the maintenance and operations of the La Porte Municipal Airport. 4. "AIRPORT OPERATION(S)" means any take-off or landing performed by an aircraft. 5. "AIR TRAFFIC" means aircraft operating in the air or on an airport surface, exclusive of loadi~g ramps and parking areas. 6. "BASE LEG" means that portion of the traffic pattern flown at a right angle to the active runway off the approach end. The base leg extends from the downwind. leg to the final approach. 7. "CROSSWIND LEG" means that portion of the traffic patt~rn flown at a right angle to the active runway by turning from the upwind leg. 8. "DISABLED (WRECKED) AIRCRAFT" means aircraft not certified as air worthy, unless said aircraft is undergoing repairs or inspection to meet requirements for re-certification. 9. "DOWNWIND LEG" means that portion of the traffic pattern flown parallel to the active runway In the direction opposite to landing. The downwind leg extends between the crosswind leg and the base leg. 2 ORDINANCE NO. 1660 . e 10. "FINAL APPROACH" means that portion of the traffic pattern flown in the direction of landing along the extended active runway centerline from the base leg to the runway. 11. "FIXED BASE OPERATOR (FBO)" means a person, partnership, or corporation engaged in the business of furnishing services to aviation related activities, such as fuel, aircraft storage, flight instruction, or aircraft maintenance. 12. "INSTRUMENT FLIGHT RULES (IFR)" means those rules which govern the procedures for conducting flight. in weather conditions below the minimum in which visual flight rules (VFR) apply. 13. "INTERSECTION" means the point where two (2) runways, a runway and taxiway or two (2) taxiways cross or meet. 14. "OVERHEAD ENTRY" means entry into the traffic pattern, at any point, from an altitude greater than eight hundred (800) feet AGL. 15. "RAMP" means an area designated for staging or storage of aircraft. Ramps can be paved or unpaved, and located on airport-controlled or FBO-controlled property. 3 ORDINANCE No._1660 e e 16. "STRAIGHT-IN APPROACH" means entry into that portion of the traffic pattern flown in the direction of landing along the extended active runway centerline (final approach) without executing any other portion of the traffic pattern. 17. "VISUAL FLIGHT RULES (VFR)" means those rules that govern the procedures for conducting flight under visual conditions. 18. "TRAFFIC PATTERN" means the traffic flow that is prescribed for aircraft landing at, taxiing on, or taking off from the airport under VFR conditions, as shown on Exhibit A. SECTION 2. USE OF AIRPORT RESTRICTED. No person, firm, association, corporation or entity, incorporated or otherwise, shall use the airport for any commercial activity, unless approved by the City Council. This restriction shall not apply to those firms, associations, corporations, or entities who currently hold contracts, leases, or agreements with the City. SECTION 3. GENERAL RULES AND REGULATIONS. The following rules and regulations shall be observed in the use, operation, and conduct of said La Porte Municipal Airport. 4 ORDINANCE No. 1660 . e RULE 1. THE FEDERAL AIR TRAFFIC RULES promulgated by the Federal Aviation Administration (FAA) for observance by aircraft operated anywhere in the United States, and presently or hereafter effective, are hereby referred to, adopted, and made a part hereof as thoug~ fully set forth and incorporated herein. RULE 2. SAFEGUARD OF PERSONS AND PROPERTY. The Airport Manager shall at all times have authority to take such action as may be necessary to safeguard any person, aircraft, equipment or property at the airport. RULE 3. NON-AVIATION ACTIVITIES. All leased property and all buildings or structures erected on leased property will only be used commercially for aviation related activity. Hobby or recreation activities can be done within a rented or leased hangar provided that the principal activity is aviation related. Outside storage of non-aviation equipment, such as automobiles, boats, or farm equipment, or conducting on non-aviation business on the airport is prohibited. RULE 4. UNAUTHORIZED SIGNS. No signs or equipment or portable buildings or house trailers may be erected, moved in or installed on the airport property except as may be specifically authorized by the Airport Manager. 5 ORDINANCE NO. 1660 . e RULE 5. SURREPTITIOUS ACTIVITIES. Any person observing suspicious, unauthorized or criminal activities shall report such activities immediately to the Airport Manager, pOlice, or officers of the Department of Public Safety, or other peace officer. RULE 6. WRECKED AIRCRAFT. Every aircraft owner, pilot, or agent shall be responsible for notifying the Federal Aviation Administration (FAA), if required by FAA Regulations, and for the prompt removal from the operational areas of the airport, under the direction of the airport manager, of disabled or wrecked aircraft. Additionally, disabled or wrecked aircraft shall be stored in hangars or shall be screened from .view by an approved fence or other structure. RULE 7. REPAIRS TO AIRCRAFT. No aircraft.~hall be repaired on any part of the landing or take-off area, and all outside repairs shall be made at the places designated by the airport manager for such purpose. RULE 8. AGRIGULTURAL OPERATIONS. With the prior written consent of the City Council, agricultural spraying operations will be conducted in accordance with procedures approved by the Airport Manager and made known to all persons conducting agricultural spraying operations. Said operations shall be conducted only on the designated airport areas, and shall not include reckless flying or careless chemical handling. Agricultural operators shall be required to follow all established rules and regulations, including conforming to the established flight pattern for 6 ORDINANCE No. 1660 . e landings and take-offs. Chemicals used in agricultural flying operations shall be dispersed, maintained, stored, the dispensing area cleaned and empty chemical containers promptly disposed of or stored in accordance with the standards set by the Environmental Protection Agency (EPA), Texas Department of Water Resources, Texas Department of Agriculture, Texas Health Resources, and theAirport Manager. Washing of agricultural aircraft and flushing of AG aircraft spray tanks will be accomplished in accordance with the standards set by the EPA, Texas Department of Water Resources, and Texas Health Resources in an area so designated by the Airport Manager. Because of the hazard of such operation, the City shall require each agricultural spray operator to post a one hundred thousand ($100,000.00) dollar bond or proof of insurance in the amount of one hundred thousand ($100,000.00) dollars with the City as an additional named insured. RULE 9. DAMAGE TO AIRPORT. Any person, corporate or individual, and the owner and/or pilot of any aircraft causing damage of any kind to said airport, whether through violation of any of these rules or through vandalism or any act of negligence, shall be liable therefore in and to said City of La Porte. RULE 10. INJURY TO PERSON. Persons entering upon airport grounds do so at their own risk with no liability incurring to the C~ty of La Porte for any injury or damage to person or property. Further, any person desiring to use the airport shall observe and obey all valid laws, resolutions, orders, rules, and regulations promulgated and enforced by the City or by any other authority 7 ORDINANCE No. 1660 . e having jurisdiction over the conduct and operation of the airport including the FAA. RULE 11. LICENSED PILOTS. Only persons holding current airman and medical certificates issued by the FAA shall operate an aircraft for the purpose of flight, which shall be properly registered, upon said La Porte Municipal Airport without written permission. Provided that this limitation shall not apply to students in training under licensed instructors nor to public . aircraft of the federal government or of a state, territory or political subdivision thereof, or to aircraft licensed by a foreign government with which the United States has a reciprocal agreement covering the operation of such lic.ensed aircraft. RULE 12. OPERATIONS PROHIBITED. Due to the nature of operations at the airport, i.e. high annual operation, pilot training program; the operation of ultra-light aircraft, hot air balloons, hang gliders and parachutes is prohibited. This prohibition shall not apply to special events, such as airshows, if specific permission is given by the Airport Manager, or to emergency operations. RULE 13. INTOXICANTS AND NARCOTICS FORBIDDEN. No person under the influence of an intoxicant or narcotic shall operate any aircraft upon said La Porte Municipal Airport. 8 ORDINANCE No. 1660 . e RULE 14. DEBRIS. No bottles, glass, cans, or other litter shall be left or broken upon the floor of any building or upon any part of the surface area of the airport. No fuel, oil, solvent, acid or paint shall be dumped in sanitary or storm sewers, ditches, or anywhere on airport property. SECTION 4. GROUND OPERATIONS RULE 15. AIR AND GROUND TRAFFIC - VEHICULAR TRAFFIC. All vehicular traffic shall be confined to the roads and streets, and shall not be operated at a speed in excess of ten (10) miles per hour. Vehicles used by the City or otGe~ autho~ized personnel to check the landing area will have an amb~~ flashing rotating light on the top of the vehicle or an approved yellow and black checkered flag attached to the vehicle. Motorized vehicles are prohibited from the runways and taxiways without specific authorization from the Airport Manager. Vehicular traffic shall not be allowed on the aircraft apron except for fuel trucks 'and passenger/cargo loading and unloading. RULE 16. FUELING OF AIRCRAFT. a. Aircraft shall not be fueled while the engine is running or while in a hangar or other enclosed place. 9 ORDINANCE No. 1660 . e b. All aircraft will be positively grounded when being serviced with fuel. Aircraft being serviced by a fuel truck will be grounded to the fuel truck and the fuel truck will be positively grounded. c. The pilot and passengers will exit the aircraft and the aircraft will be unoccupied during fueling operations. d. Aircraft fuel trucks will be equipped, operated and maintained in accordance with National Fire Protection , Association, Incorporated, NFPA Manual 407 "Aircraft Fuel Servicing." e. Persons or aviation businesses wishing to supply and dispense aviation fuel for their private use must first obtain permission from the City. Private fueling facilities must be located on leased property and the fueling system installed and fuel dispensed in accordance with Aircraft Fueling Rules and Directives and the La Porte Fire Code. f. Public sale of automobile gas for use in aircraft will not be permitted on the airport without approval of the City of La Porte. Aircraft authorized by the FAA to use auto gas may be privately fueled by their owner only after compliance with established rules adopted by the City. g. Aviation or auto fuels will not be stored within a hangar except in an approved safety container. 10 ORDINANCE No. 1660 . e RULE 17. TIEDOWN OF AIRCRAFT. a. All aircraft not hangared shall be tied down or secured at night and during inclement weather. b. The aircraft owner, operator, or his agent is responsible for the tiedown or security of his aircraft at all times and particularly during inclement weather. c. Aircraft are to be tied down only on the "paved ramp or within leased property of an FBO. Tiedown of aircraft on airport property outside of the ramp or FBO le~sed property is prohibited. RULE 18. RUNNING AIRCRAFT ENGINES. a. If not equipped with adequate brakes, the engine shall not be started in an aircraft until and unless the wheels have been set with blocks attached to ropes or other suitable means for removing them. b. No airplane will be propped, started or left running without qualified personnel at the controls, unless properly secured. c. No aircraft engine shall be started or run inside any building. 1 1 ORDINANCE No. 1660 . - d. Aircraft operators should exercise care to ensure that engines are started, run, or warmed up in an area that will limit the effects of the propeller stream or jet blast upon all buildings and groups of people in the observation areas and path of the aircraft. RULE 19. DAMAGE TO RUNWAY LIGHTS. Any person damaging any field light or fixture by operation of an aircraft or otherwise shall immediately report such damage to the Airport Manager. Persons causing damage to runway and taxiway lights, as a result of careless or negligent operation of an aircraft or willful acts will be liable for replacement cost of the light(s). RULE 20. TAXIING AIRCRAFT. a. No person shall taxi an aircraft until he has ascertained there will be no danger of collision with any person or object in the immediate area. b. Aircraft will be taxied at a safe and prudent speed, and in such manner as to be at all times under the control of the pilot. c. Aircraft not equipped with adequate brakes will not be taxied near buildings or parked aircraft unless an attendant is at a wing of the aircraft to assist the pilot. 12 ORDINANCE No. 1660 . - d. Aircraft shall not taxi onto the runway from the ramp and taxiway area until the pilot has determined that he will not interfere with aircraft approaching to land or on the ground in take-off position, as outlined in Federal Aviation Regulations (FAR). e. There shall be no taxiing of aircraft by engine power into or out of hangars. RULE 21. PARKING AIRCRAFT. a. Unoccupied aircraft shall not be parked or tied down on or within two hundred and fifty (250) feet of the center line of a runway, and all unhoused aircraft shall be parked in the areas designated by the Airport Manager for that purpose. b. Aircraft will not be tied down within fifty (50) feet of an aircraft fueling station. c. Aircraft will not be parked in such a manner as to hinder the normal movement of other aircraft and traffic unless specifically authorized by the Airport Manager as an emergency measure. d. It is the responsibility of the pilot when leaving a parked aircraft unattended to see that the brakes are set or that the plane is properly chocked and/or tied down. 13 ORDINANCE No. 1660 . e RULE 22. LOADING/UNLOADING AIRCRAFT. Pilots are prohibited from loading or unloading passengers and/or cargo with the engine running. SECTION 5. LANDING AND TAKE-OFF RULES. RULE 23. AUTHORITY TO SUSPEND OPERATIONS. The Airport Manager may suspend or restrict any or all operations whenever such action is deemed necessary in the interest of safety, provided operations under IFR conditions may be continued by properly rated pilots following appropriate flight rules. RULE 24. ACTIVE RUNWAY. If the winds are calm or at a ninety (90) degree crosswind to runway 5/23, take-offs and landings should be made on runway 12/30. RULE 25. UNICOM. All pilots of radio equipped aircraft are encouraged to call on the local unicom frequency to determine the active runway and to announce their position and intentions for take-off and landing. RULE 26. TAKE-OFFS ON APRON, ETC. No airplane take-offs or landings shall be made on the apron, parking ramp or taxiway. RULE 27. TAKE-OFFS ALLOWED. Touch and go landings may be made at the discretion of the pilot. All aircraft shall clear for incoming and take-off traffic before taxiing into take-off position. 14 ORDINANCE No. 1660 . - RULE 28. VISUAL FLIGHT RULES (VFR) TRAFFIC PATTERN. a. Pattern Altitude shall be eight hundred (BOO) feet AGL, with a left hand pattern on all runways, as shown on Exhibit A. b. Only full stop landings or touch and go landings are allowed. No stop and go landings allowed. c. All radio equipped aircraft should monitor and transmit their intentions on the appropriate unicorn frequency. d. All pattern departures should continue straight out, or exit with a forty-five (45) degree left or right turn beyond the departure end of the runway after reaching five hundred (500) feet AGL. e. All pattern entries should be made on the downwind leg, at mid-field of the active runway at a forty-five (45) degree angle to the downwind leg, as shown on Exhibit A. f. No overhead entries, straight-in approaches, or entries on the base leg are permitted. 15 ORDINANCE No. 1660 . -, g. No intersection take-offs are allowed, except in cases where they would not infringe on take-off or landing rights of other aircraft. However, aircraft shall not use an intersection take-off to take advantage of their position to cut in front of another aircraft ready for take-off or on final approach to land. h. Touch-down on all runways should be before reaching the intersection of the two (2) runways. i. If a go-around is necessary, climb-out should be to the right of the active runway, keeping the traffic in sight. Climb-out to eight hundred (800) feet AGL and re-enter the traffic pattern. j. It is recommended that navigation lights, strobes, and beacon be turned on at all times, and landing lights be used when on final approach, take-off, and climb out. RULE 29. COMMON COURTESY. Aircraft entering the traffic pattern shall exercise caution and practice courtesy so as not to cause aircraft already in the pattern to deviate from their course. After touchdown, aircraft shall exit the runway onto the taxiway at the earliest possible opportunity. No taxiing permitted against the landing traffic on the active runway. (Back-taxi). 16 ORDINANCE No. 1660 RULE 30. . AIRCRAFT ALTITUDE. - Any aircraft within three (3) nautical miles of the airport at an altitude of less than one thousand two hundred (1,200) feet above the ground with the intent of landing at La Porte Municipal Airport shall conform to the flow of traffic. All aircraft shall establish the pattern altitude of eight hundred (BOO) feet AGL before entering the traffic pattern and shall not deviate from this altitude (except in an emergency) until descent for landing is necessary. RULE 31. ALTITUDE AND NOISE OF ENGINES. No aircraft shall be operated over the City of La Porte at an altitude of less than one thousand (1,000) feet above the ground unless in the traffic pattern with the intention of landing or take-off at the airport. Aircraft engines shall not be accelerated nor decelerated while over the City of La Porte in such manner as to distract, excite or disturb persons on the ground, regardle~s of altitude. This prohibition shall not apply to those operators who fly at lesser altitudes under a waiver from the Federal Aviation Administration. RULE 32. STUDENT TRAINING AND PRACTICE FLYING. a. Flight instructors shall inform students and themselves on all rules and regulations in effect at the airport. 17 ORDINANCE No. 1660 . - b. The Airport Manager may designate limited areas of the airport and the City of La Porte for practice flying and training of students. c. Aircraft shall not be permitted to remain on the runway for the purpose of instructing students, and should make every effort to clear the taxiway and run-up pad, when stopped for the purpose of instruction, to allow taxiing aircraft to pass. RULE 33. SPECIAL PROCEDURES. The Airport Manager may, in the interest of safety, designate special traf~ic procedures for certain operations, such as air shows, banner towing, and other special activities that could interfere with normal operations at the airport. SECTION 6. FIRE REGULATIONS. RULE 34. FIRE REGULATIONS. a. The 1983 edition of the Fire Code of the City of La Porte, a copy of which is on file in the office of the City Secretary, is hereby incorporated and made a part of this Ordinance, as fully as if copied at length herein. Any future editions of the above referenced code shall automatically be incorporated in this Ordinance. 1B ORDINANCE No. 1660 . - b. Where there exists a conflict between any regulations or limitations or penalties prescribed in the Fire Code, adopted in Section 10-3B of the Code of Ordinances, and any other building or fire prevention codes of the City, or any other provisions of the Code of Ordinances, the more stringent limitation or requirement shall govern and prevail. SECTION 7. KNOWLEDGE OF RULES IMPLIED. By publication of the caption of this 'ordinance as required by law, all persons will be deemed to have knowledge of its contents. However, the Airport Manager is directed to have copies of the Ordinance printed and posted where appropriate. Copies will be available at all times in the Manager's office, and copies will be furnished to owners ~nd.operators of aircraft based on the airport. SECTION B. CONFLICT IN RULES. If and where there is conflict between any of these rules and the Federal Aviation Regulations (FAR), the latter shall prevail, to the extent of such conflict. SECTION 9. PENALTY FOR VIOLATION. a. Any person operating or handling an aircraft in violation of any.of these rules or refusing to comply therewith, may, at once, be ejected from the airport, or may for any period of time, not exceeding fifteen (15) days, be denied use of the airport by the Airport Manager, and, upon hearing by the City Council, may be deprived of the further use of the airport 19 ORDINANCE No. 1660 . . and its facilities for such period of time as may appear necessary for the protection of life and property. b. Any violation of the ordinance shall be a misdemeanor, punishable by fine in any sum not exceeding two hundred dollars ($200.00). Each day a violation continues shall be deemed a separate offense. This section is cumulative of all other penalties for violation of federal, state and local laws, rules, regulations, and ordinances. SECTION 10. SAVING CLAUSE. That in the event any section, or part of section or provision of this Ordinance be held invalid, unconstitutional, or inoperative, this shall not affect the validity of the remaining sections, or parts of sections of this Ordinance, but the remainder of the Ordinance shall be given effect as if said invalid, unconstitutional or inoperative section, or part of section or provision, had not been included. In the event any penalty, right or remedy created or given in any section or part of this Ordinance is held invalid, unconstitutional or inoperative, this shall not affect the validity of any other penalty, right or remedy created or given either in the whole Ordinance or in the Section thereof containing such invalid, unconstitutional or inoperative part, and if any exception to or any limitation upon any general provision herein contained shall be held to be unconstitutional or invalid, the general provisions shall nevertheless stand effective and valid as if the same had been enacted without such limitation or exceptions. 20 ORDINANCE No. 1660 . - SECTION 11. OPEN MEETINGS CLAUSE. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place, and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised Civil Statutes Annotated; and that this meeting has been open to the public as required by law at all times during which this Ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies; approves and confirms such written notice and the contents and posting thereof. 21 ORDINANCE No. 1660 . II SECTION 12. EFFECTIVE DATE. This Ordinance shall be effective from and after its passage and approval, and publication of its caption, and it is so ordered. PASSED AND APPROVED, this /lId. day of tJr , 1989. CITY OF LA PORTE By)(t~~k Norman L. Malone, Mayor ATTEST: ~ L~_j(ru/~ City Secretary APPROVED: fi:4t:JdJ City Attorney 22 . . EXHIBIT "A" LA PORTE MUNICIPAL AIRPORT VFR TRAFFIC PATTERN Pattern Altitude shall be eight hundred (800) feet AGL, . with a left-hand pattern at all runways. Example shown above is for take-off/landing on Runway 12. ~.. . ~t; ~ St., "'t a ~sc. ~'1t . roQQ f"\. .- ~(\t.(j , .~1 ~ 0' ~ 800 . Pr