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Home My WebLink AboutORD 1976-013 ORDINANCE NO. 76-13 AN ORDINANCE PROVIDING FOR THE REGULATION OF HELICOPTERS; PROVIDING FOR THE AUTHORIZATION TO OPERATE HELICOPTERS FOR � �; LIMITED PURPOSE AND LIMITED TIME ON A REPETITIVE COMMERCIAL �-��,, BASIS; PROVIDING FOR LICENSED PILOTS; PROVIDING FOR RATED HELICOPTERS; PROVIDING FOR CONFORMIN WITH AIR COMMERCE REGULATIONS; PRO - VIDING FOR CONDITION OF HELICOPTERS GENERALLY; REGULATING LOCATION OF VEHICLES ON HELIPORT PREMISES; PROVIDING FOR MINIMUM HELIPORT REQUIREMENTS; GOVERNING THE RELEASE OF ADVERTISING PAMPHLETS BY HELICOPTERS; PROVIDING FOR THE GRANTING OF A SPECIAL PERMIT TO DROP SOLID OR LIQUID MATERIALS FROM A HELICOPTER UNDER EMERGENCY CONDITIONS; GOVERNING THE USE OF LOUDSPEAKERS BY HELICOPTER; PROVIDING FOR DEFINITIONS; PROVIDING A SEVERABILITY CLAUSE; PRO- �s,:� VIDING A PENALN; AND DECLARING AN EMERGENCY. r � NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CIN OF GRAPEVINE: SECTION 1 . DEFINITIONS. a. AIRCRAFT - Any weight carrying structure for navigation of the air , designed to be supported either by the buoyancy of the structure or by the dynamic action of the air against its surfaces including but not limited to airplanes , propellerdriven and jets , helicopters or lighter ;_� than aircraft such as balloons or dirgibles . (\ b . HELIPORT is an area , either at ground level or elevated on a structure , that is used or is intended to be used for the landing and taking-off of helicopters and approved in accordance with the City of Grapevine 's Zoning Ordinances and by the United States Federal Aviation Agency . �..� SECTION 2 .AIRCRAFT OPERATIONS - GENERALLY � a . It shall be unlawful for any person to operate an aircraft , other than a helicopter, under one thousand feet ( 1 , 000 ' ) in the City Limits of the City of Grapevine , Texas . b . All helicopters operated within the City Limits of the City of Grapevine , Texas , must be flown at a height wherein in the event of a power failure , the pilot has sufficient room to make a safe auto-rotational landing . c . It shall be unlawful to take-off or land any ^�`�"" helicopter on a repetitive commercial basis at other than an approved heliport approved by the City Council pursuant to this ordinance, the zoning ordinance and approved by the United States Federal Aviation Agency except under the conditions and terms set out in Section 3 . This ordinance and this section do not require compliance for landings and take- offs on a non -regular and non -commercial basis that are other- wise lawful under federal law and regulations , such as but not limited to : showing of real estate , personal landings and take- offs in order to handle personal transactions and other similar uses . SECTION 3 .AUTHORIZATION FOR LIMITED PURPOSES -TIME On special and limited occasions and where there is � a need on a repetitive commercial basis for the purpose of education , exhibits or advertising , the City Manager may - 1 - � at his discretion and in his sound judgment, authorize the Director of Revenue to issue a permit to operate, land and take-off an aircraft at a location that is not an approved � # heliport upon the applicant complying with the following ( terms and conditions: i '�� A. Sign application giving following information: (1) Location (2) F'urnish plot plan showing following: (1) general area (2) specific place where aircraft proposed to be utilized (3) show and indicate all safety measures to be used (3) Type of aircraft (4) Date and time (5) Purpose of request , (6) Name of pilot B. Certify that pilot is a licensed pilot operating �"`� under a license issued by the Federal Aviation Agency of the United States. '� C. Certify that the aircraft has been rated or licensed by the Federal Aviation Agency of the United States . D. Furnish a certificate, affidavit or letter from the United States Rederal Aviation Agency stating that the proposed site and plan meet all of the requirements of said agency. E. F'urnish a certificate of insurance in an amount satisfactory to the City Manager to cover all risks anticipated in the proposed operations specifically covering the City of Grapevine as �,.,,:, � an entity and the general public. ""�"� F. The applicant for the permit shall sign a "Hold Harmless Agreement" indemnifying and releasing the City of Grapevine f rom any damages , injuries -2- . � or causes of action that could arise from the operation of the aircraft that . would constitute a taking or damaging under the State or Federal ,� ._, Constitution, a nuisance, either public or i private, a trespass or as a result of an act i �,.� of negligence or from any other cause of action. SECTION 4. RATING AIRCRAFT No aircraft which has not been rated or licensed by the Federal Aviation Agency or its successors of the United States shall be flown from, taken off from or landed at or upon any heliport in the City of Grapevine. SECTION 5. CONFORMITY WITH THE FEDERAL AIR REGULATIONS . No person shall navigate any aircraft over, land upon or fly the same from, or service, maintain or repair any aircraft or conduct any aircraft operations on or from a heliport within the City Limits , City of Grapevine, Texas , � * � otherwise than in conformity with the requirements of the , . F'ederal Air Regulations as established by the Federal w�=� Aviation Agency, or its successors. SECTION 6. CONDITION OF AIRCRAFT - GENERALLY OPERATION BY UNSKILLED OR INTOXICATED PERSONS No person shall knowingly operate any aircraft above the City of Grapevine or give any exhibition of flying or othertivise, while such aircraft is in a defective condition, on account of which the same is likely to cause any accident or injury to person or property, nor shall any person operate an aircraft over the City of Grapevine at any time unless such person is fully capable of handling and con- trolling the aircraft so operated nor shall any person operate any machine while under the influence of any drug �:..:. or intoxicant of any nature so as to incapacitate such person f rom operating any such aircraft. - -3- . SECTZON 7, LOCATION OF' VEHICLES ON HELIPORT PREMISES Vehicles , other than those regularly employed in the service of the aircraft shall stay within the limits of �., . � parking spaces and drives and shall not enter the landing � w�..� area. SECTION 8. MINIMUM HELIPORT REQUIREMENTS. A. No heliport shall be constructed, operated or maintained unless same has been approved by the City Council of the City of Grapevine , Texas, pursuant to its Zoning Ordinances, and conducted, operated and maintained in accordance with all requirements of the Federal Aviation Agency, or its successors. B. All persons desiring to operate and maintain a heliport within the City Limits of the City of Grapevine, Texas , must furnish certificates, affidavits or letters �` `� f rom the affected Federal Agencies, namely the Federal f i Aviation Agency and its successors, that the proposed air- �,�.:� port or heliport meets all of the requirements of said agencies . C. All heliports must be properly marked with United States Federal Aviation Agencies Heliport Day marker. D. Suitable ground cover must be provided over any dirt or exposed area outside of the landing pad of a heli- port in order to reduce dust. E. All heliport landing pad areas must be fenced in with a three foot high fence and adequate warning signs for the purpose of keeping out unauthorized personnel. F. All elevated heliports shall provide clearly � � visible signs showing the maximum helicopter gross weight ��'""� for which it is stressed. G. The operator or owner of any heliport shall furnish the City of Grapevine with certificates of insurance that fully protects the general public and the City of Grapevine f rom any damages that might be caused or arise -4- ' . . from the operation and maintenance of said heliport. H. The owner or operator of any heliport shall sign a "Hold Harmless Agreement" indemnifying and releasing , � the City of Grapevine, Texas f rom any damages, injuries or causes of action that could arise f rom the operation of any �.,� � heliport that would constitute a taking or damage under the State or Federal Constitution, a nuisance either public or private, a trespass or as the result of an act of negligence or from any other cause of action. I . It shall be unlawful for the owner or operator of any heliport to operate same in a manner that would create a public or private nuisance due to the noise, odor, soot , dirt, engine roar, dust, gas fumes or vibration as the result of the construction, operation and maintenace of a heliport. ,�,;,� SECTION 9. RELEASE OF ADVERTISING PAMPHLETS. ' � It shall be unlawful for any person to release or \ '�' throw any object, advertising pamphlet or any solid or liquid material from any aircraft flying over the City or to release or throw such object, advertising pamphlet or _ solid or liquid material from any flying aircraft in such a manner that such will fall within the City except when such action or actions be necessary in emergencies as pro- vided in Section 10. SECTION 10. EMERGENCY MATTERS - COUNCIL APPROVAL The City Council of the City of Grapevine may grant a special permit to a party to release solid or liquid � materials from an aircraft or helicopter, and permit said '� �' aircraft to be operated at a height level below the mini- � mum requirements of this ordinance when an emergency situation presents itself which calls for immediate action to preserve the health, safety and general welfare and morals of the general public. ' -5- • r i SECTION 11. USE OF IAUD SPF.A.KERS FOR ADVERTISING It shall be unlawful to use a loud speaker or other sound or noise making ,device in an aircraft of any type, �.�t.w flying over the City for advertising or other purposes . SECTZON 12. SEVERABILITY CLAUSE ; `�� It is hereby declared to be the intention of the City Council of the City of Grapevine that the sections, paragraphs, sentences, clauses and phrases of this Ordinance are severable, and if any phrase, clause, sentence , paragraph or section of this Ordinance shall be declared unconstitutional, such unconstitutionality or invalidity shall not affect any of the remaining phrases , clauses, sentences, paragraphs or sections of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional or invalid phrase, ; `` clause, sentence, paragraph or section. � � � '"�" SECTION 13. PENALTY Any person violating or failing to comply with any provisions of this Ordinance shall be fined upon conviction not less than One Dollar ($1.00) nor more than Two Hundred Dollars ($200.00) , and each day any violation or non- compliance continues shall constitute a separate offense. SECTION 14. EMERGENCY. The fact that the present ordinances of the City of Grapevine are inadequate to properly safeguard the health, safety, morals, peace and general welfare of the inhabitants of the City creates an emergency for the immediate preserva- � � tion of the public business , property, health, safety and „�:�, general welfare of the public which requires that this ordinance shall become effective f rom and after the date of its passage, as provided by the Charter of the City of Grapevine and it is accordingly so ordained. -6- � PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS , this �i� � day of � A.D. , /f „� 19�. `, � �:<:;�. i /� �- �(f MAYOR ATTEST: - �� , __ .:j` � �, - L,� �t CITY S CRETl� Y ; l � APPROVED AS TO FORM: � �.. CITY ATTORNEY � �,<�� =. � � -7-