City of Osage Beach, MO
Camden County
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Table of Contents
Table of Contents
[R.O. 2006 §245.010; Ord. No. 04.06 §1, 3-18-2004]
As used in this Chapter, the following terms shall have these prescribed meanings:
AERONAUTICAL ACTIVITY
Any activity conducted on airport property that makes the operation of an aircraft possible or that contributes to or is required for the safe operation of aircraft. The following are considered aeronautical activities within this definition: aerial surveying, air carrier operations (including cargo), aircraft rental, aircraft sales and service, aviation fuel and oil sales, banner towing, charter operations, scenic flights, crop dusting (aerial application), pilot training, repair and maintenance of aircraft, sale of aircraft parts and any other activities that, because of the direct relationship to the operation of aircraft, can appropriately be regarded as an aeronautical activity.
AGREEMENT OR LEASE
A contract executed between the City of Osage Beach and an entity granting a concession that transfers rights or interest in property or authorizes the conduct of certain activities. The agreement or lease must be in writing, executed by both parties and enforceable by law.
AIR CHARTER
An entity that provides on demand, non-scheduled passenger air service in aircraft having less than thirty (30) passenger seats.
AIRCRAFT MAINTENANCE
The repair, maintenance, adjustment or inspection of aircraft, major repairs include major alterations to the airframe, power plant and propeller as defined in Part 43 of the FAR. Minor repairs include normal, routine annual inspections with attendant maintenance, repair, calibration, adjustment or repair of aircraft and their accessories.
AIRPORT MANAGER
Designated representative of the City of Osage Beach that administers the functions and directives of the City of Osage Beach concerning the airports.
AIRPORTS
The geographical area under the care, custody and control of the City of Osage Beach known as the Grand Glaize Osage Beach Airport and Lee C. Fine Memorial Airport.
APRON
A paved area suitable for aircraft staging and parking.
ASSURANCE
A provision contained in a Federal grant agreement to which the recipient of Federal airports development assistance has voluntarily agreed in consideration for the assistance provided.
AVIATION SERVICE OPERATION SPONSOR
A local municipal or State Government body or private entity obligated to the Federal Government to comply with the assurances contained in grant agreements or property conveyance. A sponsor may be an entity that exists only to operate the airports. For the purposes of this Chapter, the term airport sponsor and airport owner are synonymous.
AVIATION-RELATED ACTIVITIES
Any activity conducted on airport property that provides service or support to aircraft passengers or air cargo. The following are examples of aviation-related activities: auto parking lots, concessions, ground transportation, restaurants and any other service or support activities that can appropriately be called aviation related.
COMMERCIAL AERONAUTICAL ACTIVITY
Any aeronautical activity intended to secure earnings, income, compensation, profit, whether or not such objectives are accomplished.
COMMERCIAL AVIATION OPERATOR
A commercial aviation operator may be classified as either a fixed base operator (FBO) or a specialized service operator (SASO).
ENTITY
A person, persons, firm, partnership, limited liability, company, corporation, unincorporated proprietorship, association or group.
EXCLUSIVE RIGHT
A power, privilege or right that excludes another from enjoying or exercising a like power, privilege or right. An exclusive right can be conferred by express agreement, by the imposition of unreasonable standards or requirements or by any other means.
FAA
Federal Aviation Administration.
FAR
Federal Aviation Regulation.
FIXED BASE OPERATOR
An entity that is authorized and required by agreement with the City of Osage Beach to provide the sale of aviation fuel and oil along with at least one (1) of the following: aircraft maintenance, flight instruction, flight rental, aircraft charter.
GRANT AGREEMENT
Any agreement made between an airport sponsor and the FAA for the grant of Federal funding or a conveyance of land used for airport purposes.
IMPROVEMENTS
All buildings, structures and facilities. Improvements may include pavement, fencing, signs and landscaping that is constructed, installed or placed on or above any leased area.
LEASE
A written contract between the airport owner/operator and an entity granting a concession that transfers rights or interests in property or authorizes the conduct of certain activities.
MINIMUM STANDARDS
The criteria established by an airport's owner as the minimum requirements that must be met by commercial aeronautical business or activities.
MULTIPLE T-HANGAR
A building composed of partitioned or nested units designed to house no more than one (1) aircraft in each unit and having single door openings for each unit.
OPERATOR
Person or entity that has entered into a lease or has a permit to operate a certain activity at Grand Glaize Osage Beach or Lee C. Fine Memorial Airport. As used in these minimum standards, the term "operator" refers to both commercial and non-commercial operators.
OWNED AIRCRAFT
Aircraft that is registered, insured and operated by owner or designated pilot (i.e., sales tax has been paid for specific aircraft).
REGULAR EMPLOYEE
Employee who works directly for employer (i.e., employer deducts taxes from employee's pay).
SPECIALIZED AVIATION SERVICE OPERATION
An aeronautical business that offers a single or limited service.
SUBLEASE
A written lease agreement entered into by a lessee with another entity that transfers rights or interests in property or facilities.
THROUGH THE FENCE OPERATION
A person or entity not based or under lease at Grand Glaize Osage Beach Airport or Lee C. Fine Airport that conducts an aeronautical activity, utilizes the airport facilities or that has rights to direct access to either airport from private property contiguous to the airports.
[R.O. 2006 §245.020; Ord. No. 04.06 §1, 3-18-2004]
The following minimum qualifications are required: List all services that will be offered, amount of land desired to lease, building space that will be constructed or leased, number of aircraft or equipment and tooling to be provided. Number of persons to be employed, short resume of each owner or financial backers, resume of manager if needed. Periods of operation, amount and type of insurance to be maintained, evidence of the projected revenues for the first (1st) year and succeeding four (4) years. Methods to be used to attract new business, amenities to attract new business, plans for physical expansion if business should warrant such expansion.
[R.O. 2006 §245.030; Ord. No. 04.06 §1, 3-18-2004]
A. 
The following shall be the minimum standards for all airport operations at the Grand Glaize Osage Beach Airport and the Lee C. Fine Memorial Airport.
1. 
General statement of standards.
a. 
The City of Osage Beach as owner/operator of the Grand Glaize Osage Beach Airport and Lee C. Fine Memorial Airport offer without discrimination a fair and reasonable opportunity to all operators to qualify or compete for available airport facilities and the furnishing of select aeronautical services, subject however, to the minimum standards and requirements as established by the City of Osage Beach.
b. 
The City has received and in the future expects to apply for Federal grants and aid to operate its airports. Grant Assurance 22h of these Federal grants imposes the obligation on the airport sponsor to establish and enforce fair, equal and not unjustly discriminatory airport rules and regulations for the safe and efficient operation of the airports.
c. 
Sponsor reserves the right to modify these standards at its own discretion, however, the modifications will not impact current leases or contracts until their renewal date.
d. 
In all cases where the words "standards" or "requirements" appear in this document, it should be understood that they are modified by the word "minimum". All operators will be encouraged to exceed the minimum requirements.
e. 
Contingent upon the operator's qualifications and the operator meeting the minimum standards, the execution of a written agreement with the City of Osage Beach and the payment of prescribed rentals, fees, charges or permits, the operator shall have the right and privilege of engaging in and conducting the activity or activities selected as specified in the written contract. The granting of such right or privilege, however, shall not be construed in any way as affording the operator any exclusive right of use of the premises and facilities of the airports, other than these premises, which may be leased exclusively to operator and then only to the extent provided in the written agreement. The City of Osage Beach reserves and retains the right for the use of the airports by others who may desire to use the same, pursuant to applicable Federal, State and local laws, ordinances, codes, minimum standards or other regulatory measures pertaining to such use. The City of Osage Beach further reserves the right to designate specific airport areas in which the individual or combination of aeronautical activities may be conducted. Such designation shall give consideration to the nature and extent of the operation and lands available for such purpose, consistent with the safe and orderly operation of the airports.
f. 
Any lease longer than a three (3) year term will have an inflation clause or renegotiation of terms. No right or privilege granted herein shall operate to prevent any person or persons, firm or corporation operating aircraft on the airports from performing any services on its own aircraft with its own regular employees (included, but not limited to, maintenance and repair) that it may choose to perform.
2. 
Commercial aeronautical activities. The purpose of these standards is to regulate commercial aviation operations at said airports. A "commercial operation" is defined as a person, persons, firm or corporation engaging in an activity which involves, makes possible or is required for the operation of aircraft or which contributes to or is required for the safety of such aircraft operations. The purpose of such activity being to secure earnings, income, compensation or profit whether or not such objective or objectives are accomplished. Authorized activities shall be limited to any one (1) or a combination of aeronautical activities defined or not specifically defined within this Chapter.
a. 
Commercial aviation operators subleasing from other commercial service operators must meet the same requirements as if they were under agreement to the City.
b. 
City reserves the right to implement "percentage of gross" commission on sales.
c. 
Any commercial operator may offer in a non-discriminatory nature volume discounts to customers.
3. 
Insurance. The operator shall procure, maintain and pay premiums during the term of the agreement for insurance of the types and in the minimum limits set forth in the respective categories of aeronautical services. The insurance company or companies, writing the required policy or policies, shall be licensed to do business in the State of Missouri.
a. 
All insurance for which the operator is required by the City to carry and keep in force shall include the City of Osage Beach and all officers, agents and employees as additional-named insured. The operator shall furnish evidence of compliance with this requirement to the City Administrator or designated representative with proper certification that such insurance is in force and will furnish additional certification as evidence of changes in insurance not less than ten (10) days prior to any such change, if the change results in a reduction, increase or cancellation. In the event of cancellation of coverage, thirty (30) days' prior notice of cancellation shall be conveyed to the City by the underwriter. Current proof of insurance shall be continually provided to the City throughout the lease term.
b. 
The applicable insurance coverage shall be in force during the period of any construction of the operator's facilities and/or prior to entry upon the airports for the conducting of business.
c. 
Any operator, who by nature of its size has become self-insured, shall furnish evidence of such self-insurance and shall hold the City of Osage Beach and all officers, agents and employees and the officers and agents and assigns harmless in the event of any claims or litigation arising out of its operation at the airports.
d. 
The City may vary insurance requirements upon a positive recommendation. A determination that a particular aeronautical activity because of its nature and inability to obtain the required insurance level will not in any way increase the City's liability. This variance would not affect current leases or contracts until their renewal date.
4. 
Non-exclusive rights. Nothing herein contained shall be construed to grant or otherwise the granting of exclusive right, except as to the leased premises to be occupied by the operator, which areas shall be for the operator's exclusive use.
5. 
Airport development. The City reserves the right to further develop or improve the landing area of the Grand Glaize Osage Beach and Lee C. Fine Memorial Airport as it sees fit and without unreasonable interference or hindrance.
6. 
Compliance with laws. The operator shall at all times comply with these minimum standards: airport rules and regulations, conditions and restrictions; OSHA occupational safety and EPA environmental compliance regulations; Federal, State and municipal laws; along with ordinances, codes and other regulatory measures now in existence or, as may be hereafter adopted, modified or amended, applicable to the specific type of operation contemplated. The operator shall procure and maintain during the term of the agreement all licenses, permits and other similar authorizations required for the conduct of business operations.
7. 
Indemnity. The operator shall hold the City of Osage Beach and the officers, agents and employees of the City harmless from and against all suits, claims, demands, actions and/or causes of action of any kind or nature in any way arising out of or resulting from his tenancy and activities and shall pay all expenses in defending any claims against the City by reason of his tenancy and activities.
8. 
Right of entry. The City or its agents and employees may enter upon the premises leased to the operator at any reasonable time and for any purpose necessary, incidental to or connected with the performance of the operator's obligations under the agreement or in the exercise of their duly authorized functions.
9. 
Termination. Upon the expiration or other termination of any agreement, the operator's rights to the premises, facilities, other rights, licenses, services and privileges granted in the agreement shall cease and the operator shall, upon such expiration or termination, immediately and peacefully surrender such.
a. 
In the event the lessee becomes insolvent or the subject of any kind or chapter of bankruptcy proceeding, or if a receiver, assignee or other liquidation officer is appointed for the business of lessee, then the lessor may cancel this lease at the lessor's option upon giving written notice to the lessee.
[R.O. 2006 §245.040; Ord. No. 04.06 §1, 3-18-2004]
A. 
FBO (Fixed Base Operator). A person or entity engaging in fuel sales and offering at least one (1) aeronautical service. FBO must lease or build facility of at least one thousand six hundred (1,600) square feet of which four hundred (400) square feet is waiting area, provide a pilot lounge area, all of which must be heated, lighted and air-conditioned. FBO must provide a flight training room if flight training is offered. The rest room and office areas must be separate from other areas. FBO must provide adequate parking areas immediately adjacent to the office for customer use and a paved sidewalk into premises. City reserves the right to require the FBO to provide specific aeronautical services. The FBO shall define normal business hours which shall not be less than seven (7) days per week, eight (8) hours per day. An employee must be on duty at all times FBO is open to provide services. After hours call out must be provided when closed for regular business. FBO must provide tie down area for aircraft parking of at least twelve (12) general aircraft adjacent to office area. FBO must provide at least three million dollars ($3,000,000.00) aggregate in liability insurance coverage. Additionally, operator must provide adequate insurance coverage for any additional operations it performs. Office requirements in this Section meet all space requirements of individual aeronautical services.
B. 
Specialized Aviation Service Operation (SASO). An aeronautical business that offers a single or limited service. The SASO is subject to the minimum standards in accordance with the commercial aeronautical business they wish to conduct.
C. 
Fuel Sales. City reserves the right to be the only provider of fuel sales at the airports. If the City allows private concerns to provide fuel sales to the public, it will only allow an FBO to provide such services. Minimum storage of fuel will be established. FBO will be responsible for those facilities, training of employees and the transferring of fuel to aircraft. A fuel flowage fee between City and FBO will be negotiated. FBO is required to meet all fire requirements for fueling operations.
D. 
Self-Fueling. Any user of either airport may be allowed to self-fuel according to the following requirements. User must provide an eight thousand five hundred (8,500) gallon fuel tank, complete with all filters and electrical safety devices in an approved contained area designated by the City. User is to provide mobile equipment with all safety devices according to NFPA requirements to transfer fuel. Person fueling must be fully trained. City will negotiate a fuel flow fee. User is to provide five hundred thousand dollars ($500,000.00) liability insurance to cover fueling facility. CO-OP Fueling: A fuel tank owned by multiple aircraft owners is not considered self-fueling. CO-OP fueling is not allowed at the Grand Glaize Osage Beach or Lee C. Fine Memorial Airport.
E. 
Flight Instruction. There should be one (1) airworthy aircraft owned or under lease suitable for primary flight instruction plus a qualified flight instructor available for students. An eighty (80) square feet heated and air-conditioned classroom adjacent to parking and ground school training material must be provided. Operator must have available a rest room located under the same roof as the classroom. Operator must provide at least five hundred thousand dollars ($500,000.00) in aggregate liability insurance coverage.
F. 
Aircraft Charter And Air Taxi. Operator must provide a minimum of one (1) airworthy twin engine aircraft suitable for flight into instrument meteorological conditions and a qualified pilot available on demand. Operator must be FAA Part 135 certified and operate under such rules. Operator must provide at least eighty (80) square feet in office space with access under the same roof to a waiting area, restroom and a parking lot adjacent to the office with paved sidewalk into the facility. Operator must provide at least one million dollars ($1,000,000.00) aggregate in liability insurance coverage. Operator must be able to be contacted twenty-four (24) hours per day for customer inquiries and costs of service.
G. 
Aircraft Sales. Operator must provide eighty (80) square feet of office space with access under the same roof for a customer waiting area, rest room and a parking lot adjacent to the office with a paved sidewalk into the facility. Operator must provide ability to be contacted anytime during regular business hours for customer inquiry. All inventory aircraft must be in airworthy condition at all times. Any aircraft not in airworthy condition will be placed in an approved area not within sight of the public. Operator must lease ramp area necessary to tiedown number of aircraft available for sale. The Operator must provide five hundred thousand dollars ($500,000.00) in aggregate liability insurance.
H. 
Aircraft Rentals. Operator must provide at least one (1) single engine aircraft for the purposes of rental. Aircraft must be airworthy. Operator to provide all checklist and manuals for aircraft use. Operator must be able to be contacted seven (7) days per week during business hours. Operator must provide qualified instructor for checkout of aircraft. Operator must provide eighty (80) square feet of office space with access under same roof to a waiting area, rest room and a parking lot adjacent to the office with a paved sidewalk into the facility. Operator must provide five hundred thousand dollars ($500,000.00) in aggregate liability insurance.
I. 
Aircraft Airframe And Power Plant Repair And Maintenance. Operator to provide one thousand eight hundred (1,800) square feet in hangar space and office space of eighty (80) square feet, with access under the same roof to include customer waiting area, rest room and a parking lot adjacent to the office with a paved sidewalk into the premises. Leasehold must include ramp area necessary for aircraft waiting to get repaired. Unairworthy aircraft will not be allowed to remain on ramp area greater than thirty (30) days. Operator must have available all tools and manuals to repair said aircraft. Operator to have available FAA A&I qualified mechanic during normal business hours. Because of the nature of vacation traffic, operator must provide "on call" service during non-business hours. Operator must provide five hundred thousand dollars ($500,000.00) aggregate in liability insurance, five hundred thousand dollars ($500,000.00) hangar keepers and completed products insurance.
J. 
Aircraft Painting And Interiors. Operator to provide two thousand five hundred (2,500) square feet of hangar space and office space of eighty (80) square feet with access under the same roof to a customer waiting area and rest room adjacent to a parking area with a paved sidewalk into the premises. Leasehold must include ramp area necessary for aircraft waiting to be serviced.
1. 
No aircraft is allowed to remain outside longer than thirty (30) days. Operator to designate hours of operation. Aircraft paint booth must be a separate area from any other operations.
2. 
Operator must meet all EPA requirements for spray paint operations and be responsible for waste removal from the airport's premises. No waste allowed on airport property and no outside storage of any product is allowed.
3. 
Operator to provide five hundred thousand dollars ($500,000.00) aggregate in liability insurance, adequate hangar keepers and competed products insurance.
K. 
Avionics Repair And Sales. Operator must provide two hundred forty (240) square feet of space which has access under the roof to a customer waiting area, rest room and adjacent to a parking area with a paved sidewalk into the premises. Operator must employ at least one (1) FAA certified avionics repairman during regular business hours and have "on call" personnel available during non-business hours. The lessee must include ramp space if any work is being accomplished outside.
1. 
No aircraft to remain outside greater than thirty (30) days.
2. 
Operator to provide five hundred thousand dollars ($500,000.00) aggregate liability insurance, five hundred thousand dollars ($500,000.00) hangar keepers and completed product insurance.
L. 
Aerial Application.
1. 
Operator must provide containment area for filling of product. All products must be in a contained area and out of sight. Required chemical and poison licenses must be provided to the City. No waste allowed on airport property.
2. 
Operator to provide five hundred thousand dollars ($500,000.00) aggregate liability insurance and insurance to cover spillage of chemicals.
M. 
Flying Clubs. Club must be non-profit and all members must be equal partners. No commercial operations allowed for aircraft use. Only members of the club may pilot aircraft. Club must provide the City with current list of members, officers and members' phone numbers. Club must provide the City with current copy of liability insurance which shows coverage not less than three hundred thousand dollars ($300,000.00).
N. 
Other Aviation-Related Businesses Not Elsewhere Classified. Any business either directly or not directly aviation related will secure a lease with the City. The City reserves the right to determine facility usage, facility requirements, charges for facility use and availability of qualified personnel and amount of insurance.
O. 
Non-Aviation Business. Whereas the airports are designed for aviation use, a non-aviation use may be permitted in a location designated by the City. The tenant will be responsible for any and all improvements necessary which must be preapproved by the City. The tenant shall provide adequate insurance and submit the current policy to the City. The City reserves the right to implement restrictions with use and charge a yearly fee to access facilities.
P. 
Through The Fence Operations. Any private aircraft owner may apply to the City for a "through the fence" operation. Approval is contingent upon review of all plans and specifications and the effect operations will have on the airports. The City reserves the right to charge a yearly fee to access aviation facilities. Copies of commercial operator's current insurance policy must be provided to the City. No commercial operations are allowed without proof of insurance and an operating permit.
Q. 
Aircraft Storage Facilities. Any tenant or entity wishing to build aircraft storage facilities must utilize a non-wood supporting structure and siding. Location, all plans and specifications for hangars must be engineer sealed and approved by the City prior to any construction. The tenant or entity must construct all necessary ramps and taxi lanes connecting to current taxiways. All hangars must have enough ramp area in front of the building to provide for passage of other aircraft on taxi lane. If car parking is necessary, the tenant is to provide all hard-surfaced improvements according to approved plans; no parking on unimproved surfaces. All hangars will be for non-commercial use other than for storage of aircraft. No flammable items are to be stored in hangars except for those materials that may be kept in an aircraft for its normal operation or upkeep. Outside storage of any item is prohibited. The tenant or entity is responsible for trash removal.
1. 
Minimum units of T-hangars built must be four (4) units or larger. Minimum size of bulk or corporate hangars must be two thousand five hundred (2,500) square feet.
2. 
The City reserves the right to require owner to remove structure or revert ownership to the City at termination of the lease.
R. 
Amendment. The City reserves the right to change or amend the minimum standards as needed. Any tenant wishing to change current facilities must request a current copy of the minimum standards and comply with such changes as amended. The amendments would not affect current leases or contracts until their renewal date.
S. 
Hangar Rental. The City of Osage Beach is hereby authorized to own aircraft storage facilities at Grand Glaize Osage Beach Airport and Lee C. Fine Memorial Airport and to rent aircraft storage space in said aircraft storage facilities upon such terms and conditions as the Board of Aldermen shall hereafter authorize. That there shall be a specific restriction prohibiting the storage of flammable substances within the aircraft storage facilities except those substances that may be located within the fuel tanks of the aircraft. Furthermore, said aircraft storage facility shall not be used for commercial purposes by the individual tenants but will be used only for the storage of personal aircraft. Absolutely no outside storage of items shall be allowed and the tenant or tenants shall be responsible for trash removal. The City shall be responsible for exterior maintenance and upkeep and the tenant shall be responsible for interior maintenance and upkeep.
[R.O. 2006 §245.050; Ord. No. 04.06 §1, 3-18-2004]
When a renter of aircraft storage space, parking space or a purchaser of fuel and other services or products at either Grand Glaize Osage Beach Airport or Lee C. Fine Memorial Airport fails to pay the rental and/or charge account within thirty (30) days after the same becomes due, interest shall be added to any delinquent bill in the amount of one and five-tenths percent (1.5%) of any unpaid balance per month. Notice of delinquency shall be given after any rental bill or charge bill has gone unpaid for thirty (30) days. When any bill remains unpaid for forty-five (45) days from the date of billing, the rental agreement shall automatically terminate and tenant shall remove his aircraft from the aircraft storage facility and the delinquent user shall no longer be authorized to obtain fuel or other services from airport facilities on credit. If the account remains delinquent for sixty (60) days, the City shall be authorized to proceed with collection alternatives.
[Ord. No. 07.48, 11-15-2007]
As used in this Article, the following terms shall mean:
AIRPORT
Grand Glaize Osage Beach Airport and Lee C. Fine Memorial Airport.
COMMERCIAL USE
Any use of a helicopter in which there is a fee or charge associated with its use by the operator of the helicopter.
FAA
Federal Aviation Administration.
FAA APPROVAL
Either written approval by FAA or a written statement or document in which the FAA states "no objection" to the location of a heliport.
HELICOPTER
An air-borne vehicle used for the transportation of persons or material whose support in the air is normally derived from the vertical lift or force produced by air-foils or wings mechanically rotated about an approximately vertical axis.
HELIPORT
An area, either at ground level or elevated on a structure, that is used or intended to be used for landing and taking off of helicopters. A Heliport may either be private or commercial but must be in compliance with zoning laws at the location the heliport is maintained.
PRIVATE USE
The use of a helicopter by its operator or owner and their guests, for which there is no fee or charge associated with the operation of the helicopter.
[Ord. No. 07.48, 11-15-2007]
Helicopter landings, take offs, and hovering are prohibited within the corporate boundaries of the City of Osage Beach unless those activities are performed at a heliport (commercial or private) that has federal aviation approval or at the Grand Glaize Osage Beach Airport or Lee C. Fine Memorial Airport. The Chief of Police may approve landing or take-off or operation of a helicopter within the corporate boundaries of Osage Beach other than at a heliport or airport as hereinabove defined, on an individual basis in case of emergency, public ceremony, or other public necessity.
[Ord. No. 07.48, 11-15-2007]
A. 
No individual, or legal entity, shall operate or maintain a heliport unless they have first obtained a favorable report from the Federal Aviation Administration and second, submitted the proposed location and use of the heliport to the Chief of Police. The operation of a heliport for commercial purposes shall only be located within an area of the City which has been previously zoned commercial, or agricultural district pursuant to Chapter 405. Operation of a private heliport may only be done in areas previously designated as single-family, commercial or agricultural districts pursuant to Chapter 405. Every person, firm or corporation intending to establish and use a heliport within the corporate boundaries of the City of Osage Beach shall first submit a plan for approval to the Chief of Police consisting of the following:
1. 
A statement as to the intended use of the landing site, whether private or commercial, the identity and financial responsibility of the management, the frequency of flights, a map of the proposed routes of the flights, the size, type and manufacture of equipment intended to be used and the hours of operation.
[Ord. No. 07.48, 11-15-2007]
Any person or entity proposing to construct, activate or deactivate a heliport is required to notify the FAA of their intention. The written result of the FAA determination and a copy of the forms submitted to the FAA shall be submitted along with other documentation as may be required by the Chief of Police. The Chief of Police shall have the right and authority to cancel such approval and prohibit the use of a heliport upon non-compliance with the provisions of this Article or any other provision of the ordinances of the City of Osage Beach or the Federal Aviation Administration regulations or for any other reasonable cause or grounds based upon the protection of the public safety, health or welfare.
[Ord. No. 07.48, 11-15-2007]
A. 
Helicopter pilots may deviate from the provisions of this Article in the event of an emergency. A full statement of the reasons for such deviation shall be submitted in writing to the Chief of Police within twenty-four (24) hours after such deviation.
B. 
The provisions of this Article, pertaining to the operation of helicopters, shall not apply to any helicopter operated by the Federal Government or a State, County or City agency engaged in law enforcement, fire suppression, or medical services including any helicopter operated by a hospital or ambulance service as long as said operation by hospital or ambulance services is for the purpose of providing aid to a person in need of medical services and so long as said helicopter is operated in accordance with Federal and State regulations.
[Ord. No. 07.48, 11-15-2007]
A. 
It shall be unlawful to:
1. 
Operate a helicopter other than as provided for in this Article.
2. 
Conduct training flights to or from any landing site, other than an established airport in the City under any circumstances.
3. 
Operate a helicopter using a heliport within the City which is not equipped with the latest and most effective type of noise suppression devices and two-way radio communication equipment.
4. 
Repair or refuel a helicopter at a heliport approved for private use except in the case of an emergency.
5. 
Land a helicopter or take off prior to 7:00 A.M. or after 10:00 P.M. of any day except at the airport or heliport approved for commercial use.
6. 
Permit, as operator of a heliport for private use more than five (5) landings and take offs per day.
[Ord. No. 07.48, 11-15-2007]
Each violation of this Article shall be punishable by a fine and or imprisonment in accordance with Section 100.190 of the Ordinances of the City of Osage Beach. For every day a violation of this Article shall continue each day shall constitute a separate offense punishable in the manner prescribed under Section 100.190.