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HomeMy WebLinkAboutOrdinance 2398 ORDINANCE NO. 2398 AN ORDINANCE REGULATING THE FLIGHT OF AIRCRAFT OVER THE CITY OF FORT WORTH; DEFINING TS; PROHIBITING AERO- BATICS; SPECIFYING THE MINIMUM ALTITUDE FOR AIRCRAFT FLIGHTS; REQUIRING ALL OPERATORS OF LANDING FIELDS WITH- IN THE CORPORATE LIMITS OF THE CITY OF FORT WORTH TO SECURE A LICENSE; PROVIDING FOR CANCELLATION OF LANDING FIELD LICENSES; PROHIBITING THE OPERATION OF AIRCRAFT NOT LICENSED BY THE CIVIL AERONAUTICS AUTHORITY; RESTRICT- ING THE GIVING OF FLYING INSTRUCTIONS; REQUIRING PILOTSt CERTIFICATES; REQUIRING LANDING FIELD OPERATORS TO IQ' °� A RECORD AND DESCRIPTION OF AIRCRAFT; PROVIDING A PENALTY O' FOR THE VIOLATION OF THE PROVISIONS HEREOF; AND BECLARING AN EMCMTCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION I. Definition of terms: A. The term "person" as used in this ordinance shell include any person, firm, corporation or associa- tion of persons, their agents, servants or employees. B. The term "operator" as used herein shall be taken to mean any person who pilots, controls or main- tains, either directly or indirectly, an aircraft or landing field. C. The term "aircraft" shall mean any weight-carrying structure for navigation in the air, which is pro- pelled by any character of mechanical force and ob- tains support by the dynamic reaction of the air to any obstruction connected with the structure. D. The term "landing field" shall include any place, either on land or on water, where aircraft may land, be repaired, take in fuel, or take-off. E. The term "aerobatics" shall mean the performance of any intentional or unnecessary maneuvers involving an abrupt change in the standard operation procedure of the aircraft, and shall include any abnormal change or abnormal speed. SECTION II. No person shall fly, operate, pilot or tow, over, above or across any part of the area embraced within the corporate limits of the City of Fort Worth, any aircraft of any kind at an altitude of less than one thousand (1,000) feet above the ground surface• SECTION III. No person shall own, control or operate any landing field of ,any kind within the corporate limits of the City of Port Worth with- out first securing and holding a license as hereinafter provided. Any person desiring a license to operate a landing field, as herein- above defined, shall file with the Director of Aviation of the City of Port Worth a written, sworn application for such license, which application shall state: A. The location and size of the area proposed to be used as a landing field. B. If the applicant is an individual, the length of time he has been a resident of the City of Port Worth, the nature of the business in which he has been engaged for the past five (5) years, and such other information as may be pertinent.to show that he is a competent and reliable person to engage in the business of maintaining a landing field. C. If a fizm, association or partnership, all of the information prescribed in paragraph "B" of this ordinance as to each individual composing the firm, association or partnership. D. If a corporation, the applicant is organized and chartered under the corporation laws of this state applicable to such corporation, or, if a foreign corporation, such corporation has complied with the laws of this state applicable to such corpora- tion, and the same information with reference to the operator or person irr charge of the operation of the landing field to be licensed as is pre- scribed in paragraph "B" of this ordinance. In ad- dition thereto, a statement as to the names of the incorporators or stockholders and the amount of in- terest owned by each. E. The information given in such application is for the purpose of determining whether or not the applicant is a fit and proper person to operate a landing field, and it shall be unlawful to misrepresent the kind and character of landing field to be operated, or any other fact or statement made in said applica- tion, and any misrepresentation made for the purpose of avoiding the provisions of this ordinance shall, in addition to the other penalties prescribed by law, be cause for revocation of the license in the mode and manner hereinafter provided for. F. The license herein provided for shall state on its face to whom it is issued, the date it will expire, • which in no event shall exceed twelve (3,2) months, and the address and location of such laliding field. G. The granting of any license under the terns of this ordinance shall in no event be construed as the granting or conferring of any vested right to the licensee or operator, but shall be subject to revo- cation or cancellation as shall be provided for in this ordinance. H. No license shall be granted or reneged hereunder unless it shall appear, upon investigation by the Director of Aviation, the City Engineer, the Director of Public Health and the Chief of the Fire Department, that the premises desired to be used for the purpose of operating a landing field strictly comply with all of the laws of the State, the United States and the ordinances of the City of Fort Worth regulating safe- ty, health, sanitation, fire, zoning and building regulations, and such officers shall, in their re- spective capacities, note their approval or disap- proval upon the application. I. Such other and additional information as the govern- ing body may from time to time deem proper and neces- sary. SECTION IV. In the event the Director of Aviation shall refuse to grant a license to any applicant hereunder, the action of the Director of Aviation shall be final unless the applicant shall, within ten (10) days after the refusal to grant such a license, file a written appeal with the City Secretary, addressed to the governing body of the City of Pbrt Worth, requesting a hearing by such governing body on the question as to whether or not the said application shall be granted. The governing body shall, within thirty (30) days, grant a hearing thereon to deteraine the correctness of the action of the Director of Aviation, and the decision of the governing body shall be final. SECTION P. If a landing field licensed hereunder is not being conducted in accordance with the provisions of this ordinance, the laws of the United States, the State of Texas, or the ordinances of the City of Port Worth, or is being conducted in violation of said laws and re- gulations, the Director of Aviation may at any time give notice in writing to the licensee or other person in control of the operation and maintenance of said landing Yield that the license issued for the operation of said landing field has been revoked and cancelled, which said notice of revocation and cancellation shall become final after the expiration of ten (10) days from the date of service of same upon the operator or the person in charge of said landing field; unless, on or before the expiration of said ten (10) days, the licensee or the one in charge of said landing field shall file with the City Secretary of the City of Port Worth a written appeal, ad- dressed to the governing body of the City of Pbrt Worth, in which it is requested that the governing body grant him a hearing upon the question of whether or not the permit or license issued by the City of Port Worth shall be cancelled and revoked, which said appeal, if made and filed as prescribed herein, shall operate as a stay or postponement of said revocation and cancellation of the permit issued until such time as the governing body shall grant a hearing and make a final determination upon the question of whether or not such, permit or license should be cancelled, such hearing to be held within thirty (30) days after the date of the filing of such appeal, and such action of the governing body, after hearing the evidence and facts, shall be final and conclusive as to all parties. SECTION VI. The operator of any landing field situated within the corporate limits of the City of Dort Worth shall keep an up-to-date record and list describing each aircraft stored, maintained or based at such landing field. Such description shall include the name of the owner of each aircraft, its type, make, color, model, and identification number. The record or list herein required shall at all times be available for inspection by the Director of Aviation of the City of Port Worth, or his designated representative, and upon his request each landing field operator shall furnish him an accurate copy of same. SECTION VII. No person shall operate any aircraft of any kind whatsoever over, above or across the area embraced within the corporate limits of the City of Port Worth, unless there is then outstanding for such aircraft a valid aircraft airworthiness certificate issued by the Civil Aeronautics Authority of the United States. SECTION VIII. No person shall fly or pilot any civil aircraft over, above or across any part of the area embraced within the corporate limits of the City of Port Worth unless such person holds at that time a valid pilot's certificate of not less than private grade, issued by the Administrator of the Civil Aeronautics Authority of the United States, or an effective foreign pilotts certificate validated by said Administrator, except that a person holding a valid pilot's certificate of less than private grade may be pe=itted hereunder to so fly or pilot an aircraft when actually engaged in the taking-off or landing of said aircraft at a landing field duly licensed as herein proscribed. No person shell give or receive any flying instructions over, above or across the corporate limits of the City of Port Worth. SECTION I%. No person shall engage or participate in aerobatics above or across any part of the area embraced within the corporate limits of the City of Port Worth. SECTION Z. If any aircraft is found violating any of the provisions of this ordinance and the identity of the pilot cannot be determined, • y the owner or person in whose name such aircraft is registered shall be held prima facie responsible for such violation. MTION ZI. If any section, clause or part of this ordinance shall be declared invalid by any court of competent jurisdiction, such decision shall not be deemed to affect any other section, clause or part of this ordinance, but the same, together with penalties for the viola- tion thereof, shall remain in full force and effect. SECTION %II. Any person violating any of the provisions of this ordinance shall, upon conviction, be fined in any sum not to exceed Two Hundred Dollars ($200.00), and each day that any of the provisions of this ordinance is being violated shall Constitute separate and distinct offenses. SECTION IIII. The fact that there is now no ordinance in the City of Fort Worth regulating the operation of aircraft and that in the absence of such legislation, life and property is constantly subject to imminent danger, an emergency is created and an imperative public necessity requires, in the interest of public peace, health and safety, that this ordinance shall take effect and be in full force and effect from and after the date of its passage and publication as required by law, and it is so ordained. APPROVED AS TO FORM AND LEGALITY: City Attorney ORDINANCE No. Titl Date Filed day of 19 City Secreta � a 4 �