[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:
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.
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.
An entity that provides on demand, non-scheduled passenger
air service in aircraft having less than thirty (30) passenger seats.
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.
Designated representative of the City of Osage Beach that
administers the functions and directives of the City of Osage Beach
concerning the 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.
A paved area suitable for aircraft staging and parking.
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.
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.
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.
Any aeronautical activity intended to secure earnings, income,
compensation, profit, whether or not such objectives are accomplished.
A commercial aviation operator may be classified as either
a fixed base operator (FBO) or a specialized service operator (SASO).
A person, persons, firm, partnership, limited liability,
company, corporation, unincorporated proprietorship, association or
group.
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.
Federal Aviation Administration.
Federal Aviation Regulation.
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.
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.
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.
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.
The criteria established by an airport's owner as the minimum
requirements that must be met by commercial aeronautical business
or activities.
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.
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.
Aircraft that is registered, insured and operated by owner
or designated pilot (i.e., sales tax has been paid for specific aircraft).
Employee who works directly for employer (i.e., employer
deducts taxes from employee's pay).
An aeronautical business that offers a single or limited
service.
A written lease agreement entered into by a lessee with another
entity that transfers rights or interests in property or facilities.
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.
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.
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:
Grand Glaize Osage Beach Airport and Lee C. Fine Memorial
Airport.
Any use of a helicopter in which there is a fee or charge
associated with its use by the operator of the helicopter.
Federal Aviation Administration.
Either written approval by FAA or a written statement or
document in which the FAA states "no objection" to the location of
a heliport.
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.
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.
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.
