CITY OF LOS ANGELES ORDINANCE NO. 155,727
VAN NUYS NOISE ABATEMENT AND CURFEW REGULATION
SECTION 1. Definitions. Except where the context otherwise requires, the following terms, when used in this regulation, shall have the following definitions:
(a) Advisory Circular 36-3A -- Estimated maximum A-Weighted Sound Levels for Airp!anes at Part-36 Appendix "C" Locations -- Takeoff -- as set forth in United States Department of Transportation, Federal Aviation Administration, Advisory Circular 36-3A, dated June 11, 1980, attached as Exhibit "A" to this regulation and made a part hereof as though set forth in full, and as said Advisory Circular may be amended from time to time.
(b) Aircraft - All fixed-wing aircraft driven by one or more propeller, turbojet, or turbo fan engines.
(c) Airport -- Van Nuys Airport.
(d) Airport Manager -- Van Nuys Airport Manager.
(e) Board -- Board of Airport Commissioners of the City of Los Angeles as described in Article XXIV, Section 238, et seq. of the Charter of the City of Los Angeles.
(f) dBA -- A-weighted sound pressure level.
(g) Depart - The movement of an aircraft from the time it commences its departure until it is airborne.
(gg) Exempt Based Aircraft - All aircraft which were parked, tied down or hangared at Airport for ninety (90) days or more during the twelve (12) months immediately preceeding December 31, 1999. [Para. (gg) added April 24, 2000, Ordinance 173,215]
(h) General Manager -- General Manager of the Department of Airports, as described and defined in Article VI, Section 70 et seq. and Article XXIV, Section 238, et seq. of the Charter of the City of Los Angeles.
(i) Person - An individual, partnership, business, corporation, joint venture, or any entity responsible for an aircraft operation.
(j) Repetitive Operation -- A practice operation, including but not limited to "touch and go" or "stop and go" operations, which utilizes an Airport runway to land where the aircraft after touching down or landing takes off again within five minutes. However, this definition does not include such operations as are necessary because of safety considerations or weather phenomena.
(k) Run-up -- The ground testing or rewing of an aircraft engine not immediately connected to contemporaneous air operation.
(l) "Stop and Go" Operation -- The action by an aircraft consisting of a landing, followed by a complete stop on the runway, and then a takeoff from that point.
(m) "Touch and Go" Operation -- The action by an aircraft consisting of a landing and departure on a runway without stopping or exiting the runway (n) For the purposes of this regulation, all times are local Pacific Standard Time, unless Daylight Savings Time is in force and, in such event, it shall be used.
SECTION 2. Curfew. No aircraft may depart from Van Nuys Airport between the hours of 11 :00 p.m. and 7:00 a.m. of the following day, except those aircraft listed below:
(a) Military aircraft and any government owned or operated aircraft involved in law enforcement, emergency, fire or rescue operations.
(b) Aircraft whose estimated takeoff noise levels, as set forth in Federal Aviation Administration Advisory Circular 36-3A (or in any revision, supplement or replacement thereof listing the noise levels) are equal to or less than 74 dBA.
(c) Aircraft of a type or class not included in Advisory Circular 36-3A, for which evidence has been furnished to the Board that the departure noise of said aircraft will not exceed the established noise value limitation of 74.0 dBA set forth in Advisory Circular 36-3A. When furnishing evidence that an aircraft has the ability to depart and not exceed the dBA level of 74.0, the person producing such evidence shall be required to provide appropriate information to validate conclusions and ability to comply with this regulation. The Board reserves the right to validate the aircraft's compiiance abiliiy through utilization of actual flight noise measurements.
(d) Aircraft which have been identified by the Federal Aviation Administration in writing as having a 74.0 dBA or lower takeoff noise level although such figure is not published in Advisory Circular 36-3A.
(e) Aircraft engaged in a bona fide medical or life-saving emergency for which acceptable evidence has been submitted in writing to the General Manager within seventy-two (72) hours prior to or subsequent to said departure.
SECTION 2.1 Curfew. Except for aircraft exempted by subdivisions (a) through (e) of Section 2, no aircraft may depart from Van Nuys Airport between the hours of 10:00 pm and 11:00 pm. The provisions of this section shall not be applicable to any aircraft certificated as Stage 3 pursuant to 14 Code of Federal Regulation Part 36. [Sec. 2.1 added Dec. 19, 1997, Ordinance 171,889]
SECTION 3. Repetitive Aircraft Operations.
(a) No person shall engage in repetitive operations in any propeller powered aircraft between the hours of 10:00 p.m. and 7:00 a.m. of the following day from June 21 through September 15, and between the hours of 9:00 p.m. and 7:00 a.m. of the following day, from September 16 through June 20.
(b) No person shall engage in repetitive operations in any turbo-jet or fan jet powered aircraft, at any time, at Airport.
SECTION 4. Preferential Runway. Between the hours of 11:00 p.m and 7:00 a.m. of the following day, weather and traffic permitting, all aircraft shall depart on Runway 16R and shall arrive on Runway 34L of Airport unless instructed otherwise by the Federal Aviation Administration Air Traffic Controller** (See page 9, Public Notice). [Editor's note: The public notice is at the end of this republished document.]
SECTION 5. Run-ups. No person shall test or run-up an aircraft engine for maintenance purposes between the hours of 7:00 p.m. and 7:00 a.m. of the following day. Engine run-ups shall be conducted only in areas designated in writing by the General Manager.
SECTION 5.1 Non-addition. No person or tenant may tie down, park or hangar any aircraft at Van Nuys Airport, whose Advisory Circular 36-3G takeoff noise level equals or exceeds 77 dBA, for more than thirty (30) days in any calendar year, unless said aircraft is an exempt based aircraft.
EXEMPTION A - STAGE 3: The provisions of this section shall not be applicable to any aircraft certificated as Stage 3 pursuant to 14 Code of Federal Regulations Part 36.
EXEMPTION B - REPAIR AND MAINTENANCE: Notwithstanding the restrictions of Section 5.1, a Stage 2 aircraft with a takeoff noise level in excess of 77 dBA may be parked, tied down or hangared at the Airport in excess of the 30 day limit (and such additional time as is necessary) to perform major repairs or refurbishment, required maintenance inspections or systems installations and warranty work (hereinafter "work") provided all of the following conditions are fully satisfied:
(a) Prior to the day of arrival of the aircraft the Airport Manager receives a written "work notice" containing the anticipated date of arrival, the name of the aircraft owner and operator, the aircraft type and registration "N" number, the name of the company or entity contracted to perform the work, a description of the work to be performed, and an estimate of the duration of the stay; and
(b) The aircraft is not being charged a tie-down fee or other use fee by an Airport tenant; and
(c) The aircraft owner or operator obtains a written permit from the Airport Manager authorizing an exemption under this subsection prior to or within 24 hours of arrival of the aircraft at the Airport; and
(d) The aircraft owner or operator complies with all conditions and terms stated in the written permit granted by the Airport Manager, including but not limited to mandatory daytime hours for flight arrival and departures; and
(e) The aircraft owner or operator provides written notice of departure to the Airport Manager within 24 hours of departure from the Airport.
EXEMPTION C - REPLACEMENT: Until December 31, 2005, notwithstanding the provisions of Section 5.1, and exempt based Stage 2 aircraft, as defined in Section 1, subsection (gg), may be replaced with another Stage 2 aircraft exceeding 77 dBA ("replacement Stage 2 aircraft"), provided all of the following apply:
(a) The Stage 2 aircraft being replaced will no longer be based at the Airport; and
(b) Calculated on the date of replacement, the replacement Stage 2 aircraft has an Advisory Circular 36-3G takeoff noise level not exceeding 85 dBA; and
(c) The replacement Stage 2 aircraft, after January 1, 2011, shall not be tied down, parked or hangared at Van Nuys Airport for more than thirty (30) days in any calendar year. A replacement Stage 2 aircraft exceeding 77 dBA shall not be considered an "exempt based aircraft", nor shall it continued presence at Van Nuys Airport under Exemption C ever entitle it to "exempt based aircraft" status.
[Section 5.1 added April 24, 2000, Ordinance 173,215]
SECTION 6. Presumption. For the purpose of this regulation, the beneficial owner of an aircraft shall be rebuttably presumed to be the pilot of the aircraft with authority to controi the aircraft's operations, except that where the aircraft is leased, the lessee shall be presumed to be the pilot In the case of any pilot training operation in which both an instructor and student pilot are in the aircraft operated in violation of any provision of this regulation, the instructor shall be rebuttably presumed to have caused such violation.
SECTION 7. Enforcement and Penalties.
(a) Civil Penalties. In addition to any other remedy provided for by this regulation or elsewhere, any person who violates any provision of this regulation shall be liable for a civil penalty not to exceed seven hundred and fifty ($750) dollars.
Any person who violates any provision of this regulation for a second time within one year of a pri or violation shall be liable for a civil penalty not to exceed one thousand five hundred ($1500) dollars upon such second violation.
Any person who violates any provision of this regulation for a third or any subsequent time within a three (3) year period shall be liable for a civil penalty not to exceed three thousand five hundred ($3500) dollars.
Civil penalties shall be assessed and recovered in a civil action brought in the name of the City of Los Angeles by the City Attorney of Los Angeles in any court of competent jurisdiction in Los Angeles County. Funds recovered thereby shall by placed in the Airport Revenue Fund.
(b) Denial of Use of Airport. In the event any person has violated any provision of this regulation three (3) or more times within a three-year period of the first violation. then for a period of three years thereafter, such person shall be deemed a persistent violator and be denied permission to depart from Airport in an aircraft owned, borrowed, rented or leased by such person and denied the right to lease, rent or use space for any aircraft (including tie-down) at Airport.
(c) Exclusion of Aircraft for Violations. In the event an aircraft has been operated in violation of any provisions of this regulation on three or more occasions within a three-year period of the first violation, whether piloted by the same or different individuals, then it shall be presumed that future operations of said aircraft will result in continued violations The Airport Manager shall thereafter deny said aircraft permission for a period of three years to tie-down, be based at, or take off from Airport provided, however, that a new owner, who has not operated the aircraft or caused it to be operated in violation of this regulation, shall be entitled to appeal such decision to the Airport Manager upon furnishing satisfactory evidence of a change in both the operating personnel and ownership of such aircraft. Upon receiving such evidence, the Airport Manager shall restore all rights to said aircraft.
(d) Other Enforcement. The provisions of this regulation may be judicially enforced by injunction or other relief deemed appropriate by any court of competent jurisdiction.
Any person, except employees of the Federal Aviation Administration acting in the course and scope of their employment, who counsels, aids, assists, or abets any other person in the operation of any aircraft in violation of this regulation is subject to the same penalty provisions as are specified in this section.
The remedies described herein shall be deemed to be cumulative, and, the election to seek any remedy shall not be deemed to be a waiver of other remedies nor a bar to seek more than one remedy for the same violation of this regulation.
SECTION 8. Savings Clause. If any section, subsection, sentence, clause or phrase of this regulation is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this regulation. The City Council hereby declares that it would have passed this regulation and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that anyone or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
SECTION 9. Designated Officers and Employees. The General Manager, and such other City employees as are designated by the General Manager, shall have the duty and authority to enforce the provisions of this regulation.
I hereby certify that the foregoing ordinance was introduced at the meeting of the Council of the City of Los Angeles of July 29, 1981 and was passed at its meeting of August 5, 1981.
REX E. LAYTON, City Clerk
By Chauncy B. Pruner, Deputy. Approved August 10, 1981.
TOM BRADLEY, Mayor.
File No. 73-2158 S1 & S2, 77-4557 (DJG9588) Aug 31
EFFECTIVE AUGUST 8,1981, VAN NUYS AIRPORT DOES NOT HAVE AIR TRAFFIC CONTROLLERS BETWEEN THE HOURS OF 2245 AND 0615 OF THE FOLLOWING DAY, LOCAL TIME DAILY.
THE FEDERAL AVIATION ADMINISTRATION AIR TRAFFIC CONTROLLER HAS SUSPENDED THE PROVISIONS OF SECTION 4 OF THE VAN NUYS NOISE ABATEMENT AND CURFEW ORDINANCE NO. 155727 UNTIL FURTHER NOTICE.
SECTION 3, PARAGRAPHS 222 AND 223 OF THE AIRMAN'S INFORMATION MANUAL APPLIES AT VAN NUYS AIRPORT BETWEEN HOURS 2245 AND 0615 OF THE FOLLOWING DAY. LOCAL TIME DAILY UNTIL FURTHER NOTICE.