HomeMy WebLinkAboutITEM III-CAGENDA BILL APPROVAL FORM
Agenda Subject:Date:
Ordinance No. 6264 September 28, 2009
Department:Attachments:Budget Impact:
Finance Ordinance 6264
Administrative Recommendation:
City Council to introduce and approve Ordinance No. 6264
Background Summary:
An Ordinance of the City Council of the City of Auburn, Washington, creating a new section 8.12.065 of
the Auburn City Code relating to low-flying aircraft as a public nuisance.
Reviewed by Council & Committees:Reviewed by Departments & Divisions:
Arts Commission COUNCIL COMMITTEES: Building M&O
Airport Finance Cemetery Mayor
Hearing Examiner Municipal Serv. Finance Parks
Human Services Planning & CD Fire Planning
Park Board Public Works LegalPolice
Planning Comm. OtherPublic Works Human Resources
Information Services
Action:
Committee Approval: Yes No
Council Approval: Yes NoCall for Public Hearing___/___/____
Referred to _________________________________ Until ____/___/____
Tabled ______________________________________ Until___/___/____
Councilmember:Staff:
Cerino Coleman
Meeting Date:Item Number:
October 5, 2009
ORDINANCE NO. 6264
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, CREATING A
NEW SECTION 8.12.065 OF THE AUBURN CITY
CODE RELATING TO LOW-FLYING AIRCRAFT AS
A PUBLIC NUISANCE
WHEREAS, the Auburn City Code includes provisions that address public
nuisances; and
WHEREAS, as defined in state law, including specifically, RCW7.48.130,
a public nuisance is defined as a nuisance which affects equally the rights of an
entire community or neighborhood, although the extent of the damage may be
unequal; and
WHEREAS, low-flying aircraft affect equally the rights of entire
neighborhoods within the City; and
WHEREAS, it is appropriate that the City Code address these public
nuisances.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1.New Section to City Code.
That a new Section
8.12.065 of the Auburn City Code is created to read as follows:
8.12.065 LOW-FLYING AIRCRAFT.
A. It is a public nuisance to operate or allow to be operated an aircraft
within the City limits below the minimum safe altitudes set forth in 14 CFR
Section 91.119 as currently adopted or as may be amended in the future. Except
when necessary for takeoff or landing, the minimum safe altitudes are:
1.Anywhere.An altitude allowing, if a power unit fails, an emergency
landing without undue hazard to persons or property on the surface.
2.Over congested areas. Over any congested area of a city, town, or
settlement, or over any open air assembly of persons, an altitude of 1,000 feet
above the highest obstacle within a horizontal radius of 2,000 feet of the aircraft.
Ordinance No. 6264
9/8/2009
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3.Over other than congested areas. An altitude of 500 feet above the
surface, except over open water or sparsely populated areas. In those cases, the
aircraft may not be operated closer than 500 feet to any person, vessel, vehicle,
or structure.
4.Helicopters.Helicopters may be operated at less than the
minimums prescribed in paragraphs 2 or 3, above, if the operation is conducted
without hazard to persons or property on the surface. In addition, each person
operating a helicopter shall comply with any routes or altitudes specifically
prescribed for helicopters by the appropriate federal authority.
B. Notwithstanding the provisions of Subsection 8.12.065.A.4, above,
unless it is taking off or landing, a helicopter that flies below the minimum safe
altitudes set out in Subsection 8.12.065.A shall be presumed to be creating a
hazard to persons or property on the surface.
C.Exemptions. This Section shall not apply to aircraft operated by
police, fire suppression agencies, air ambulance services or a pilot in a bona fide
emergency.
D.Violations.
1. Violation of this Section is a Class I civil infraction. Additionally, a
court of competent jurisdiction may abate the nuisance activity in accordance
with the provisions of this Chapter or state law.
2. In any prosecution charging a violation of this Section, proof that
the particular aircraft described in the complaint was operated or allowed to be
operated in violation of a law or regulation, together with proof that the defendant
named in the complaint was at the time of the operation the registered owner of
the aircraft, shall constitute prima facie evidence that the registered owner of the
aircraft was the person who operated or allowed the aircraft to be operated at the
time and location which such violation occurred.
Section 2.Implementation.
The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry out the directions
of this legislation.
Section 3.Severability.
The provisions of this ordinance are
declared to be separate and severable. The invalidity of any clause, sentence,
paragraph, subdivision, section or portion of this ordinance, or the invalidity of the
application thereof to any person or circumstance shall not affect the validity of
the remainder of this ordinance, or the validity of its application to other persons
or circumstances.
Ordinance No. 6264
9/8/2009
Page 2 of 3
Section 4.Effective date.
This Ordinance shall take effect and be
in force five days from and after its passage, approval and publication as
provided by law.
INTRODUCED: __________________
PASSED: _______________________
APPROVED: ____________________
CITY OF AUBURN
______________________________
PETER B. LEWIS
MAYOR
ATTEST:
_________________________
Danielle E. Daskam, City Clerk
APPROVED AS TO FORM:
_________________________
Daniel B. Heid, City Attorney
Published: _________________
Ordinance No. 6264
9/8/2009
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