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HomeMy WebLinkAbout46912 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 ORDINAI~CE NO. 4 6 9 I AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING AUBURN CITY CODE SECTION 12.56.460, ENTITLED "MILITARY-TYPE AND EXPERIMENTAL-TYPE AIRCRAFT REGULATIONS" CONTAINED IN AUBURN CITY CODE CHAPTER 12.56 ENTITLED "AIRPORT" TO PROVIDE SIMILAR REGULATIONS FOR ACCESS TO THE AIRPORT BY ALL AIRCRAFT DULY LICENSED AND REGULATED BY THE FEDERAL AVIATION ADMINISTRATION INCLUDING AIRCRAFT IN THE "EXPERIMENTAL-TYPE" CATEGORY AND REQUIRING THE EXPERIMENTAL- TYPE AIRCRAFT TO CARRY INSURANCE DURING ITS FAA REQUIRED SOLO TEST PERIOD. WHEREAS, the current city ordinance restricts the operations of aircraft duly licensed and regulated in the "experimental-type" category by the Federal Aviation Administration (FAA); and WHEREAS, such duly licensed and regulated aircraft are not allowed to operate from the Auburn Airport during their first fifty consecutive hours of flight unless a written waiver is granted to the aircraft owner by the airport committee; and WHEREAS, this amendment will provide guidance for reviews of waiver requests or their issuance; and WHEREAS, aircraft licensed in the experimental-type category must meet all applicable safety, inspection, registration and licensing requirements of the F~; and WHEREAS, aircraft licensed in the experimental-type category represent an investment of thousands of hours of Ordinance No. 4691 August 25, 1994 Page 1 1 2 3 4 5 6 7 8 9 10 11' 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 THEREFORE, THE CITY COUNCIL OF THE CIg?Y OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Seotion ~. PURPOSE. The purpose of this Ordinance is to amend Auburn City Code Section 12.56.460 entitled "Military-type and experimental-type aircraft regulations" contained in Chapter 12.56 entitled "Airport" to provide similar regulations for access to the airport by all aircraft duly licensed and regulated by the FAA including aircraft in the "experimental-type" category and to require "experimental- type" aircraft to carry public liability and property damage insurance. time, a substantial investment of funds and the owners of such aircraft may be good long-term tenants of the Auburn' Airport; and WHEREAS, Federal regulations and equity require all aircraft duly licensed and regulated by the FAA be subject to similar standards regarding access to public facilities supported with federal funds; and WHEREAS, requiring "experimental-type" aircraft to carry public liability and property damage insurance during its required solo test period acts to protect the public and the city; NOW, Ordinance No. 4691 August 25, 1994 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 SECTION 12.56.460 OF AUBURN CITY entitled "Military-type and regulations" contained in Chapter is hereby amended as set forth in and incorporated herein by this Section 2. AMENDED CODE CHAPTER 12.56. Section 12.56.460 exprimental-type aircraft 12.56 entitled "Airport" Exhibit "A" attached hereto reference. Section 3.' Constltutionallty or Invalidity. If any section, subsection, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this Ordinance, as it being hereby expressly declared that this Ordinance and each section, subsection, sentence, clause and phrase hereof would have been prepared, proposed, adopted and approved and ratified irrespective of the fact that any one or more section, subsection, sentence, clause or phrase be declared invalid or unconstitutional. Section 4. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 5. This Ordinance shall take effect and be in force five (5) days from and after its passage, approval publication, as provided by law. Ordinance No. 4691 August 25, 1994 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 22 23 24 25 26 ATTEST: INTRODUCED: PASSED: APPROVED: Robin Wohlhueter, city Clerk APPROVED AS TO FORM: 21, Michael J. Reynolds, Acting City Attorney Ordinance No. 4691 August 25, 1994 Page 4 MAYOR 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 EXHIBIT "A" 12.56.460 Military-type and xperlmental-type aircraft e ' regulations. "Experimental-type,, means any aircraft that is so classified by the Federal Aviation Agency A__dministration. "Military-type,, means any aircraft originally produced by vendor under contract to the Secretary of Defense or the Defense Department. Ce De Military aircraft are allowed the use of the field solely at the discretion of the airport supervisor. Should any aircraft of this type provide unduly noisy, burdensome or seem to constitute a hazard, the airport supervisor shall cause such aircraft to be removed from the field. Experimental aircraft shall be governed by tile same rules as .o~her nonmilitary aircraft b~°~§h~-~-~he-~f-i~l~-w~h--l~ms--~ha~-~f-~._eo~se~e ~%~h~-~me--hou~s--~--~u=eess~--~h~?--.~ess--s~eh ~he-ew~e~-e~-~he-e~e~me~a~-a~a~. Durinq its FAA required solo test period, exnerimenta] aircraft are required, prior to usinq Auburn Municipal Airport for fliqht Purposes, to file a copy of Dubli,; liability and Property damaqe insurance Policies O~ certified copies of same toqether with evidence of premium payments issued by a responsible insurancn company and naminq the city as additional insured, which insures aqainst all claims for personal ingurv, death add property damaqe, arisinq out of the operation of th,. experimental aircraft. The limits of such publi,; liability and property damaqe insurance shall be no~. less than One Million Dollars ($1,000,000.00) combine,] single limit, each occurrence. Ordinance No. 4691 Exhibit August 25, 1994 Page 5