93.06 NOISE ABATEMENT LIMITATIONS
(1) Pursuant to the Aircraft Noise Abatement Act of 1968, Congress gave the Federal Aviation Administration (FAA) responsibility to promulgate such regulations as the FAA may find necessary to provide for the control and abatement of aircraft noise;
(2) Pursuant to such legislation, and subsequent federal legislation, including the Airport Noise and Capacity Act of 1990, airport proprietors have retained the power to promulgate reasonable, nonarbitrary, and non-discriminatory regulations that establish acceptable noise levels for the airport and its immediate environs; and
(3) Numerous judicial decisions have recognized that airport proprietors are liable for the nuisance of noise generated in connection with airport operations, and therefore have the legislative discretion to regulate airport noise, including the power to restrict or deny the use of their airport by noisy aircraft operations, provided that such restrictions on airport use are reasonable, do not unjustly discriminate against any user, or do not constitute an undue burden on interstate commerce.
(B) The City Commission being aware of and having considered the above information directs all airport users to comply with the following regulations unless otherwise directed by Air Traffic Control, necessitated by safety concerns, or in case of an emergency:
(1) All persons operating aircraft within city limits shall familiarize themselves with the National Business Aircraft Association (NBAA) noise abatement operating procedures available at the Air Park Supervisor's office or from the NBAA.
(2) Stop-and-go activity shall not be conducted at any time.
(3) Touch-and-go activity shall be conducted Monday through Friday only between the hours of 9:00 a.m. and 5:00 p.m. touch-and-go activity shall not be conducted on weekends or legal holidays.
(4) Intersection take-offs are prohibited. Use of the full length of the runway should be used so as to gain as much altitude as possible while over airport property.
(5) Prolonged running of aircraft engines between the hours of 10:00 p.m. and 7:00 a.m. is prohibited. Aircraft noises shall be kept to a minimum by adhering to standard takeoff and landing flight paths, as established in Part One of The Airmen's Information Manual, and in concurrence with any section of the Federal Aviation Regulations that may be applicable, or as approved by the control tower.
(Ord. 95-79, passed 7-18-95)
(A) Whoever violates any provision of this chapter for which no penalty is otherwise provided shall be subject to the penalty provisions set forth in § 10.99.
(B) Violations of 93.06, 93.07, or 93.10(B)(6) of this chapter shall be punishable by a fine not exceeding $500 or imprisonment for a term not exceeding 60 days or by both fine and imprisonment; provided, however, that no penalty shall be imposed that is greater than the penalty imposed by state statutes regulating similar conduct.
(Ord. 95-79, passed 7-18-95)