[HISTORY: Adopted by the Suffolk County Legislature as indicated
in article histories. Amendments noted where applicable. Uncodified
sections of local laws amending these provisions are included at the
end of this chapter.]
[Adopted 6-9-2009 by L.L. No. 23-2009 (Ch. 212, Art. I,
of the 1985 Code)]
A.
This Legislature finds and determines that low-flying helicopters
have become a public nuisance in Suffolk County and threaten life
or the property of its residents.
B.
This Legislature further finds and determines that the Federal Aviation
Administration has failed to regulate the operation of helicopters.
C.
This Legislature further finds and determines that the operation
of helicopters at low altitudes is presumed to be a hazard to persons
and property on the surface and constitutes careless and reckless
operation.
D.
This Legislature further finds and determines that other municipalities,
including the City of New York, have established regulations for helicopter
operations within their jurisdictions.
E.
Therefore, the purpose of this article is ensure safe operation of
helicopters passing through the air boundaries of Suffolk County and
to preserve and promote the health, safety and general welfare of
the residents of Suffolk County without prohibiting safe passage of
helicopters.
As used in this article, the following terms shall have the
meanings indicated.
Failing to take all actions reasonably necessary for safe
operation or operating at an altitude that creates a hazard or undue
hardship for persons and property on the surface.
An aircraft, the support of which in the air is normally
derived from airfoils mechanically rotated about an approximately
vertical axis.
It shall be unlawful to operate, or for the owner to permit
the operation of, any type of helicopter in a careless or reckless
manner so as to endanger the life or property of others.
This article shall not apply to:
A.
Helicopters used exclusively in the governmental service of the United
States of America, the State of New York, or any municipal corporation
of the State of New York; and
B.
Helicopters used exclusively for agricultural operations; and
C.
Helicopters actively engaging in aerial photography and videography,
search and rescue operations, medevac, flight training, environmental
testing and surveying, fire fighting, or the inspection of towers,
buildings, or power lines; and
D.
Helicopters operated within "controlled airspace" as that term is
defined by Section 3.2 of the Federal Aviation Administration Aviation
Information Manual.
[Amended 3-23-2010 by L.L. No. 14-2010]
Any person who violates the provisions of this article shall
be subject to a civil penalty in an amount not to exceed $1,000 for
each violation, to be recovered by Suffolk County in a civil action.
This article shall apply to actions occurring on or after the
effective date.
