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HomeMy WebLinkAboutOrdinance 4336--�1- OFFICIAL RECORD ORDINANCE NO. 3 3 CITY SECRETARY AN ORDINANCE PROVIDING FOR THE REGULATION OF HELICOPTERS F�• s � ; AND HELIPORTS WITHIN THE CITY OF FORT WORTH; DEFINING TERMS; PROHIBITING THE OPERATION THEREOF IN A NEU'LIGE11lT OR RECKLESS MANNER; REQUIRING THAT EACH HELICOPTER HAVE AN AIR-WORTHINESS CERTIFICATE AND EACH PERSON FLYING SUCH HELICOPTER A VALID AIRMAN'S CERTIFICATE; REGULATING THE LANDING AND TAKE-OFF OF HELICOPTERS; PROVIDING A PENALTY FOR THE VIOLATION HEREOF; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SAVINGS CLAUSE; AND PRESCRIBING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. As used in this ordinance, the following terms shall have the mean- ings indicated: (a) The term "helicopter" shall mean any rotorcraft which depends principally for its support and motion in the air upon the lift generated by one or more power-driven rotors, rotating on substantially vertical axes. (b) The term "heliport" shall mean any area of land or water or a structural surface which is used or intended to be used for the landing and take-off of helicopters and any appurtenant areas which are used or intended to be used for heliport buildings and other heliport facilities. SECTION 2. It shall be unlawful to operate a helicopter within the corporate limits of the City of Fort Worth as follows: (a) In a aftligent or reckless manner so as to endanger the life or property of others; or (b) Unless there is then outstanding for such helicopter a valid air-worthiness certificate issued by the Federal Aviation Agency of the United States of America; or (c) Unless there is then outstanding for the person flaring such helicopter a valid airman's certificate issued by the Federal Aviation Agency; or (d) To or from any property other than a heliport approved by the Aviation Board of the City of Fort Worth (kept in cases of an emergency in flight), provided, however, that the landing and take-off of helicopters at places other than approved heliports may be authorized by ob- taining written permission from the Director of Aviation of the City of Fort Worth where no federal or local safety regulations are violated and where the person owning or controlling the premises to be used has given his written consent to such use. SECTION 3. The operation and flight of helicopters within the corporate limits of the City of Fort Worth shall be in conformity with all applicable safety lit w F t = It ' rules, regulations, manuals and directives of the Federal Aviation Agency, the Civil Aeronautics Board, and the Aviation Board of the City of Fart Worth, including but not limited to those regulations relating to minimum safe altitudes. In addition, where specific minimum safe altitudes, traf- fic patterns and approach routes for a heliport are prescribed by the Avia- tion Board of the City of Fort Worth with the approval of the Federal Avia- tion Agency, failure to ccaply therewith shall constitute a violation of this ordinance. SECTION 4. Any person, firm or corporation violating any of the provisions of this ordinance shall be guilty of a misdemeanor and, upon conviction there- of, shall be fined not to exceed Two Hundred Dollars ($200.00), and each and every day such violation continues shall constitute a separate offense. SECTION 5. Any person, firm or corporation violating any of the provisions of this ordinance may be enjoined by a suit filed by the City of Fort Worth in a court of competent jurisdiction, and this remedy shall be in addition to any penal provision of this ordinance. SECTION 6. If any provision, section, part, subsection, sentence, clause, phrase or paragraph of this ordinance be declared invalid or unconstitutional, the same shall not affect any other portion or provision hereof and all other provisions shall remain valid and unaffected by any invalid portion, if any, and the City Council now says that if it had known at the time of the passage of this ordinance that any portion of said ordinance was invalid, it would not have adopted such invalid part. SECTION 7. The fact that the City of Fort Worth does not now have adequate regu- lations with respect to the operation and maintenance of helicopters and heliports within the corporate limits of the City of Fort Worth creates an urgency and an emergency in the interest of the preservation of the public peace, health, safety and general welfare which requires that this ordinance take effect the 19th day of August, A. D. 1960, and it is so ordained; and J • r the City Secretary of the City of Fort Worth is hereby directed to publish this ordinance in a newspaper of general circulation in the community for a total of five (5) days prior to such effective date. APPROVED AS TO FORM AND LEGALITY: S. 6:,- � City Attorney r