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Home My WebLink AboutORD 1988-035 ORDINANCE N0. 88-35 AN ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, AMENDING THE CODE OF ORDINANCES, CHAPTER 3 AIRPORTS AND AIRCRAFT, ARTICLES I AND II BY I AMENDING SECTION 3-1 RELATING TO DEFINITIONS; � BY AMENDING SECTIONS 3-21 THROUGH 3-27, ' INCLUSIVE, RELATING TO HELICOPTERS; PROVIDING ; A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF ` FINE NOT TO EXCEED THE SUM OF FIVE HUNDRED ; DOLLARS ($500 . 00) FOR EACH OFFENSE AND A � SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH AN OFFENSE OCCURS OR CONTINUES; DECLARING AN EMERGENCY � AND PROVIDING AN EFFECTIVE DATE : BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS : Section l . That Chapter 3 , Article I, Section 3-1 of the Grapevine Code of Ordinances is hereby amended by amending the definition of "Heliport" and providing a definition of "Helistop" , which shall read as follows : Section 3-1 . Definitions. ' "Heliport shall mean an area of land or water or a structural surface which is used, or intended for use, for the landing and taking-off of helicopters, and any appurtenant areas which are used, or intended for use, for heliport buildings and other heliport facilities. ` Helistop shall mean the same as a heliport, except that no refueling, maintenance, repairs or storage of helicopters is permitted. " Section 2 . That Chapter 3, Article II, Sections 3-21 through 3-27 , inclusive, of the Grapevine Code of Ordinances is hereby amended to read as follows : "Section 3-21 . Repetitive take-offs and landings-- Restriction generally as to helicopters . It shall be unlawful to take-off or land any helicopter on a repetitive basis at other than an approved helistop or heliport approved by the city council pursuant to Section 49 of Appendix D of the Grapevine Code of Ordinances and approved by the United States Federal Aviation Administration (FAA) . This article and this section do not require compliance for landings ; and take-offs on a nonregular and infrequent basis that � are otherwise 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 3-22 . Same--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 at his discretion and in his sound judgment, authorize a permit to operate, land and take-off a helicopter at a location that is not an approved helistop or heliport upon the applicant complying with the following terms and conditons. A. Sign application giving the following information: 1 . Location 2. Furnish plot plat showing the following: � i. general area ' ii. specific place where the helicopter is proposed to be utilized �- iii. show and indicate all safety measures to ' be used 3 . Type of helicopter 4 . Date and time of landings and take-offs 5 . Purpose of request 6 . Name of pilot B. Certify that pilot is a licensed pilot operating under a license issued by the FAA. C. Certify that the helicopter has been rated or licensed by the FAA. D. Furnish a certificate, affidavit or letter from the FAA stating that the proposed site and plan meet all of the requirements of said administration. E. Furnish 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 as an entity and the general public . F. The applicant for the permit shall sign a "hold harmless agreement" indemnifying and releasing the city from any damages , injuries or causes of action that could arise from the operation of the that would constitute a taking or damaging under the state or federal constitution, a nuisance, either public or private, a trespass or as a result of an act of negligence or from any other cause of action. Section 3-23 . Rating helicopters. No helicopter which has not been rated or licensed by the FAA or its successors shall be flown from, taken-off from or landed at or upon any heliport or helistop in the city. � Section 3-24. Conformity with 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 heliports or helistops within the city limits, otherwise than in conformity with the requirements of the federal air regulations as established by the FAA, or it successor� . Section 3-25. Condition of aircraft; operation by unskilled or intoxicated persons. No person shall knowingl� operate any aircraft above the city or give any exhibition of flying or otherwise, while such aircraft is in a defective condition, when the same is likely to cause any accident or injury to person or property, nor shall any person operate an aircraft over the city at any time unless such person is fully capable of handling and controlling the ra n r shall an erson o erate an aircraft so ope ted, o y p p y aircraft while under the influence of any drug or intoxicant of any nature so as to incapacitate such person from operating any such aircraft. �A�°� Section 3-26 . Location of ground vehicles on heliports and helistops . �� Ground vehicles, other than those regularly employed in the service o£ the helicopter at heliports, shall stay within the limits of designated parking spaces and drives and shall not enter the helicopter landing area. Section 3-27. Minimum heli ort and helisto P P requirements. No heliport or helistop shall be constructed, operated or maintained unless same has been approved by the city council pursuant to Section 49 of Appendix D of the Grapevine Code of Ordinances, and conducted, operated and maintained in accordance with all requirements of the FAA, or its successors . " Section 3 . If any section, article, paragraph, sentence, clause, phrase or word in this ordinance, or application thereto i any person or circumstances is held invalid or unconstitutional ! by a Court of competent jurisdication, such holding shall not affect the validity of the remaining portions of this ordinance; � and the City Council hereby declares it would have passed such remaining portions of this ordinance despite such invalidity, which remaining portions shall remain in full force and effect. I �-,:, Section 4. Any person violating any of the provisions of � this ordinance shall be deemed guilty of a misdemeanor and upon f conviction thereof shall be fined in a sum not to exceed Five Hundred Dollars ($500. 00) for each offense and a separate offense j shall be deemed committed upon each day during or on which an E offense occurs or continues. Section 5. The fact that the present ordinances and �` regulations of the City of Grapevine, Texas, are inadequate to properly safeguard the health, safety, morals, peace, and general '; welfare of the public creates an emergency which requires that this ordinance become effective from and after the date of its I�� passage, and it is accordingly so ordained. i � PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF � GRAPEVINE, TEXAS on this the 17th day of May , 1988 . �� APPROVED: �� t I �I , ! May r ! �,..,:� ATTEST: du� Cit Secre a APPROVED AS TO FORM: ��,LO�vr? � City Attorney �.,..Y I ; i j . 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