Township of Boonton, NJ
Morris County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Boonton 6-26-1978 by Ord. No. 268. Amendments noted where applicable.]
044a Flight Paths

§ 44-1 Purpose; findings.

A. 
The purpose of this chapter shall be to promote the public health, safety, convenience and general welfare of the Township of Boonton by prohibiting the operation of aircraft and aircraft engines, to the extent they are subject to the jurisdiction of the Township of Boonton, in or over the Township of Boonton in such manner as to constitute a public nuisance as defined in this chapter.
B. 
The Township Committee makes the following findings of fact with respect to the subject matter of this chapter:
(1) 
The operation of aircraft and aircraft engines on the ground or at low altitudes is per se excessively noisy in this predominantly rural community which has an otherwise low noise base level, and the excessive operation thereof, or the operation thereof during certain hours of certain days, is hazardous to the public health, safety, convenience and general welfare.
(2) 
Boonton Township is predominantly hilly and forested and is spotted with suburban residential development in many of such areas, and low-level flight paths over such areas, or over schools, churches or hospitals, are hazardous to the public health, safety, convenience and general welfare.
(3) 
The limitation of the operation of aircraft and aircraft engines within reasonable limits not conflicting with the reasonable requirements of interstate commerce or the right of private owners to make reasonable accessory use of their property will promote the public health, safety, convenience and general welfare of the Township of Boonton.

§ 44-2 Scope.

The provisions and requirements of this chapter shall be subordinate to any laws or lawful regulations of the United States and the State of New Jersey governing the operation of aircraft in conflict with this chapter. This chapter shall be construed to avoid any such conflict but shall govern operations of aircraft and aircraft engines within or over the Township of Boonton not specifically preempted by federal or state regulation. When facts have been proved which would establish a violation of this chapter, except for the foregoing limitation in scope, the burden of establishing a conflict with the laws or lawful regulations of the United States or the State of New Jersey shall fall on the person or persons charged with violation of this chapter.

§ 44-3 Operation restricted.

Except in the case of emergency in the operation of any aircraft, or in the case of operation of aircraft in overflight in interstate commerce, it shall be unlawful to operate any aircraft or aircraft engine on the ground or in the airspace over the Township of Boonton in such manner as to constitute a public nuisance as defined in this chapter.

§ 44-4 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
AIRCRAFT
Includes all machines used to fly a selected path over and free of the ground by means of selfcontained propulsion systems, whether the same shall be heavier than air or lighter than air.
AIRCRAFT ENGINE
Includes all propulsion systems intended for the propulsion and control of aircraft, whether or not the same shall be mounted in an aircraft.
A. 
Operation of an aircraft or aircraft engine in or over Township of Boonton on regular business days, except between sunrise or 7:00 a.m., prevailing time, whichever is later, and sunset or 9:00 p.m., prevailing time, whichever is earlier.
B. 
Operation of an aircraft or aircraft engine in or over the Township of Boonton on Saturdays or on holidays not otherwise observed as business days, except between the hours of 9:00 a.m., prevailing time, and 6:00 p.m., prevailing time, or sunset, whichever is earlier.
C. 
Operation of an aircraft or aircraft engine in or over the Township of Boonton on Sundays or religious holidays, except between the hours of 1:00 p.m. and 6:00 p.m., prevailing time, or sunset, whichever is earlier.
D. 
Operation of an aircraft over the Township of Boonton in such manner as to fly over any school, church or hospital at an altitude of less than 700 feet above ground level.
E. 
Operation of an aircraft over the Township of Boonton in such manner as to pass over any densely populated area at an altitude of less than 700 feet above ground level, except on flight paths and aircraft dispatch, control and operating procedures authorized by the New Jersey State Department of Transportation Bureau of Aeronautics or a higher regulatory authority, and approved by the Township Committee as constituting the minimum hazard to the Township of Boonton commensurate with navigation safety as set by said Bureau of Aeronautics or other authorized regulatory authority. The term "flight paths" refers to both horizontal paths over the ground and elevation at any given point over the ground.
F. 
Operation of an aircraft within or over the Township of Boonton at an altitude of less than seven 700 feet above ground level at a noise level in excess of that authorized by the governmental authority having jurisdiction thereof.

§ 44-5 Rules and regulations.

The Township Committee shall establish rules and regulations under this chapter, three current copies of which shall be maintained on file with the Municipal Clerk in the Municipal Building. Such rules and regulations shall include, but not be limited to, approved flight paths and procedures, together with such diagrams and maps as will clarify the same. Said rules and regulations shall be reviewed from time to time and may be modified or amended as required to meet changed conditions after publication of notice of intent to modify or amend and public hearing thereon.

§ 44-6 Violations and penalties.

[Amended 5-8-1989 by Ord. No. 405; 4-9-2007 by Ord. No. 739]
Each and every person, firm or corporation violating any of the provisions of this chapter shall be subject, upon conviction, to the penalties provided in § 1-15 of this Code. Each violation shall constitute a separate offense.