[HISTORY: Adopted by the Mayor and Council of the City of Española as Ch. 18 of the Code of Ordinances. Amendments noted where applicable.]
Any person operating or handling aircraft in violation of this chapter, or refusing to comply therewith, may be removed or ejected from the airport or may be temporarily grounded by or under the authority of the airport sublessee; and upon the order of the City Council may be deprived of the further use of the airport and its facilities for such length of its interest therein.
Any person found guilty of violating any of the provisions of this chapter shall be subject to punishment as provided in Chapter 1, General Provisions, Article III, Violations and Penalties, § 1-19, and the City Attorney is hereby authorized and directed to proceed with prosecution of any violations with the Municipal Court.
The air traffic rules promulgated by the Federal Aviation Agency of the United States of America and presently in effect are hereby referred to, adopted and made a part of this chapter by reference, as fully and in all respects as if particularly set forth in this section.
It shall be unlawful for any pilot or operator of any aircraft to operate such aircraft in such a manner as to imperil the safety of the inhabitants of the City or to imperil property within the City.
It shall be unlawful for anyone to operate or pilot any aircraft over the City at a height of less than 500 feet above the house tops.
It shall be unlawful for anyone to operate or pilot any aircraft over the City in a reckless manner, or cavort the same into spirals, loops, tailspins or other such actions, commonly called "stunt flying."
This article applies to the municipal airport.
The municipal airport shall be conducted as a terminal facility for the promotion and accommodation of air commerce and shall be operated as a free public air terminal.
The airport shall be open for public use at all hours of the day, subject to such restrictions due to inclement weather, the conditions of the landing area, the presentation of special events and like causes as may be determined by the airport sublessee.
Special services may be rendered or special facilities may be provided at the municipal airport on such terms as the City Council may prescribe from time to time. No person shall use the airport as a base for the carrying on of commercial activities; for the carrying for hire of passengers, freight, express, or mail; for instruction in aviation in any of its branches; or any other commercial purposes unless permission in writing is granted prior thereto by the City Council.
The use of the airport or any of its facilities in any manner shall create an obligation on the part of the user of such facilities to obey all the regulations provided in this article.
The privilege of using the airport and its facilities shall be conditioned on the assumption of full responsibility and risk by the user of such facilities, and he shall release, hold harmless and indemnify the City, its officers and employees from any liability or loss resulting from such use as well as against claims of third persons as against those of the person so using the airport. The exercise of the privilege of use shall constitute an acknowledgment that the City maintains the airport in a governmental capacity.
No person, not properly certified by the Federal Aviation Agency, and no aircraft, not similarly certificated, shall operate on or over the airport; provided, however, that this restriction shall not apply to public aircraft belonging to the government of the United States or to a state, territory, possession or any political subdivision nor to any aircraft of a foreign country operated under permission of the federal government.
No person shall navigate any aircraft over, land upon or take off from, or service, repair or maintain any aircraft on the airport or conduct any operation on or from the airport otherwise than in conformity with the rules and regulations of this article and those of the Federal Aviation Agency.
Every person stationed or employed at the airport or receiving instruction thereon or operating therefrom shall register at the office of the airport manager and shall state his name, address, telephone number and the nature of his business or occupation.
The airport sublessee shall have authority to take such steps as may be necessary for the handling, policing and protection of the public while present at the airport, subject to the review of the Airport Commission and City Council.
No person shall take or use any aircraft, parts or accessories of aircraft, or tools or other equipment owned or controlled by any other person and stored or otherwise left at the airport without the consent of the owner or operator, or other satisfactory evidence of his right to do so.
Only authorized vehicles shall be permitted on runways or taxiways.
All aircraft in motion on the ground shall be taxied at a safe and reasonable speed with due regard for other aircraft, persons and property.
Aircraft awaiting takeoff shall park in the turnaround provided and in a position so as to have a direct view of aircraft approaching for landing.
All takeoffs shall be initiated from the extreme end of the runway in use.
No turnaround of 180° shall be made on any runway.
All aircraft in flight below 1,500 feet above the surface within a three-mile radius of the airport shall comply with the following rules and with the traffic diagrams shown on the traffic pattern chart made a part of this article by reference.
All aircraft taking off shall proceed straight ahead to an altitude of 400 feet above the surface, level off and execute a ninety-degree left turn when outside the airport boundary.
Aircraft intending to remain in the traffic pattern shall continue to climb to traffic altitude of 800 feet above the surface after the first ninety-degree turn and shall thereafter follow the patterns as set forth on the traffic pattern chart.
Aircraft leaving the traffic pattern shall climb to a traffic altitude of 800 feet above the surface after the first ninety-degree turn, and shall then leave traffic by doing a forty-five-degree turn to the right.
Aircraft entering the traffic pattern shall do so at an angle of 45° midway on the downwind leg at an altitude of 800 feet above the surface.
Aircraft entering the traffic pattern shall not cause aircraft already in the pattern to deviate from their course.
Standard no-wind runway will be 34.
Aircraft having flight characteristics which make the above procedures impractical shall be flown at the one-thousand-foot altitude and shall conform to the circular pattern shown on the traffic pattern chart. Such aircraft:
The traffic direction shall be as indicated by the windsock. If a calm condition exists, all landings and takeoffs shall be made to the north.
These rules may be deviated from when an immediate emergency presents itself that requires such deviation in the interest of safety.
Every person instructing students in flying at the airport shall acquaint them with the rules and regulations in effect at the airport.
No aircraft shall remain on the landing or takeoff area for the purpose of instructing students between flights.
The airport sublessee, by appropriate notices, may restrict practice flights and student training to portions of the airport designated by him.
No aircraft shall land or take off in such manner as to clear any public road at an altitude of less than 100 feet, nor land or take off on a taxiway or over hangars or other structures, automobile parking areas or groups of spectators.
No person shall take any aircraft from the landing area or hangars or operate such craft while under the influence of, or using, any intoxicating liquor or habit-forming drug.
No aircraft shall be permitted to remain on any part of the landing or takeoff area for the purpose of repairs. All repairs shall be effected at the places designated therefor.
Every aircraft owner, his pilot and agents, severally, shall be responsible for the prompt removal, under the direction of the airport manager, of wrecked aircraft.
The airport sublessee may refuse clearance to any aircraft until all charges for storage, supplies or services rendered to it shall have been paid.