This subchapter of the Airport Code may be called the “Aircraft
Noise Abatement Code” or “Noise Code.” It is generally
intended to encourage all pilots using the Airport to fly their aircraft
as quietly as possible consistent with aviation safety. It is also
intended to set maximum limits on permissible aircraft noise and to
regulate night and repetitive operations as well as helicopter operations.
The Noise Code governs all take-offs from, landings at, and other
operations from the Airport.
(Prior code § 10050; added
by Ord. No. 1326CCS, adopted 1/22/85)
The Noise Code is enacted under the power of the City, as proprietor
of the Airport, to make reasonable regulations intended to protect
persons exposed to aircraft noise from noise pollution, in accordance
with the judgment in Santa Monica Airport Association v. City of Santa
Monica, 479 F. Supp. 927 (C.D. Cal. 1979), aff’d 659 F. 2d 100
(9th Cir. 1981).
The Noise Code is also enacted in furtherance of the Agreement
executed January 31, 1984, between the City and the Federal Aviation
Administration (“the Airport Agreement”) and the Noise
Mitigation Program of the City’s Airport Plan, both adopted
by Resolution Number 6814(CCS).
(Prior code § 10051; added
by Ord. No. 1326CCS, adopted 1/22/85)
The Noise Code shall be interpreted and enforced to achieve
abatement of aircraft noise to the extent technologically practicable
and consonant with air safety and to promote cooperation, communication,
and compliance with law. The following basic rules shall apply to
the Noise Code:
(a) The Airport Director shall cooperate with pilots and other airport
users and with the Federal Government in order to promote voluntary
compliance with the provisions and purposes of the Noise Code and
shall assist, counsel, and educate regarding ways to improve the noise
performance of all aircraft using the Airport.
(b) No person shall operate an aircraft at the Airport in violation of
any provision of the Noise Code or in violation of any applicable
Federal or State law or regulation or order of the Airport Director.
The term “at the Airport” includes operations while an
aircraft is on the ground, as well as landing at, taking off from,
or other operations at or from the Airport.
(c) All privileges, licenses, permits, and contractual rights permitting
a person or aircraft to use or be based at the Airport are conditioned
on adherence to the Noise Code and other applicable laws, and may
be revoked for multiple violations after a hearing pursuant to the
procedures of this Chapter. This remedy shall be supplementary to
the rights of the City under contract.
(d) The Airport Director shall inform all persons using the Airport of applicable noise abatement regulations and recognized safe noise abatement operating procedures for each type of aircraft, shall counsel pilots on compliance with regulations, and shall record violations and take appropriate action in accordance with Section
10.04.04.040.
(Prior code § 10052; added
by Ord. No. 1326CCS, adopted 1/22/85)
The Airport Director shall issue orders imposing civil and administrative
remedies for violations of the Noise Code. Such remedies shall include,
but are not limited to, civil penalties and suspension or revocation
of Airport privileges or permits. The following standards and procedures
shall apply:
(a) All violations of the Noise Code shall be remediable by order of
the Airport Director. Sanctions for willful or repeat violations may
be imposed upon all parties responsible for aircraft including each
pilot, aircraft owner and operator. For purposes of this subchapter,
the term “owner” includes the registered owner of an aircraft
and any person or entity possessing any ownership interest in an aircraft.
The term “operator” includes any person or entity operating,
managing or controlling an aircraft.
(b) Sanctions shall be progressive. The initial civil penalty for a repeat
or willful violation shall be two thousand dollars. The penalty for
a violation following the initial civil penalty shall be five thousand
dollars, and the penalty for a violation following the second civil
penalty shall be ten thousand dollars. After imposition of the maximum
fine of, subsequent violations shall, after a hearing, result in a
suspension of Airport privileges for six months and, following that,
revocation of privileges or permits. The Airport Director shall notify
the Federal Aviation Administration prior to ordering the suspension
or revocation of Airport privileges or permits under this subsection.
If particular circumstances show that progressive monetary sanctions
will be ineffective to achieve compliance, suspension or revocation
may be ordered after a hearing prior to imposing the maximum monetary
penalty.
(c) The Airport Director may also require the abatement of violations
and compliance with conditions related to abatement of further violations.
(d) The Airport Director shall consider all relevant factors in each case, including the willfulness, severity and frequency of violations, and the existence and use of safe noise abatement operating procedures appropriate to the aircraft. With respect to repeated operations of an aircraft in violation of the noise limit of Section
10.04.04.060, the Airport Director, may, after investigation to assure that a violation was not caused by extraneous factors such as loss of power, the need to avoid other aircraft, or unusual weather conditions, impose sanctions under this Section.
(e) Any person aggrieved by an order of the Airport Director, imposing monetary penalties, may appeal such an order to a Hearing Examiner pursuant to the time limits and procedures set forth in Chapter
1.09 of this Code. Except as otherwise set forth in subsection
(g), any person aggrieved by an order of the Airport Director, suspending or revoking Airport privileges or permits, may appeal to a Hearing Examiner pursuant to the time limits and procedures of Chapter
6.16 of this Code. The decision of the Hearing Examiner shall be final except for judicial review and shall not be appealable to the City Council.
(f) A willful violation of an order of the Airport Director shall be a misdemeanor punishable under Section
1.08.010 of this Code.
(g) A person who fails to pay a civil penalty within thirty days after
the issuance of an order to do so shall pay a separate charge of ten
percent of the unpaid amount of the civil penalty. The Airport Director
may also exclude such person from the Airport until such time as the
penalty and any late payment charge are paid. Such an order shall
be final and shall not be appealable to the Hearing Examiner.
(h) The remedies as set forth in this Section are supplementary to any
legal or equitable remedies available to the City in its governmental
and proprietary capacities, including, but not limited to, the right
to abate nuisances and hazards.
(Prior code § 10053; added
by Ord. No. 1326CCS, adopted 1/22/85; amended by Ord. No. 2025CCS §
1, adopted 11/13/01; Ord.
No. 2550CCS § 4, adopted 8/8/17)
If a particular aircraft is operated in excess of noise limits,
that aircraft may be excluded from the Airport by order of the Airport
Director in accordance with the following standards:
(a) The Airport Director shall maintain a list of aircraft types that are estimated to be unable to meet the maximum noise limit of Section
10.04.04.060 under any conditions and operating procedures. This list shall be based on actual measurement of aircraft operations. If there are insufficient measured flights of a particular type, the Airport Director shall act upon the best available information, including Federal Aviation Administration estimates. These “Listed Aircraft” may, after one violation of the maximum noise limit, be excluded from the Airport.
(b) An aircraft other than a Listed Aircraft may be excluded from the
Airport after repeated violations of noise limits if the Airport Director
determines that the “Permitted Aircraft” is likely to
violate noise limits even if flown according to recommended safe operating
procedures under normal weather conditions.
(Prior code § 10054; added
by Ord. No. 1326CCS, adopted 1/22/85; amended by Ord. No. 2025CCS §
2, adopted 11/13/02)
After landing, each pilot or his or her representative must
comply with all registration requirements prescribed by the Airport
Director by regulation including completing a registration form and
acknowledging receipt of a summary of Airport regulations.
(Added by Ord. No. 2025CCS §
3, adopted 11/13/02)
No aircraft shall exceed a Single Event Noise Exposure Level
(SENEL) or ninety-five decibels as measured at the Airport Noise Measuring
Stations existing on January 1, 1985. If additional stations are established,
the maximum SENEL shall be set for each measuring point at an equivalent
level.
(Prior code § 10055; added
by Ord. No. 1326CCS, adopted 1/22/85)
(a) By regulation adopted in accordance with Section 10.04.02.030(d),
the Airport Director shall provide for a Performance Based Noise Limit
by aircraft type. No aircraft shall exceed the SENEL limit established
by the Airport Director as the lowest SENEL limit that can be met
by the type of aircraft concerned consistent with safe operating procedures.
(b) The Performance Based Noise Limit shall be for a two-year experimental
period commencing on the date of its adoption and shall be developed
in consultation with the Federal Aviation Administration in accordance
with the Airport Agreement.
(c) Performance Based Noise Limits shall be based on actual measurement
of aircraft operations. If there are insufficient measured flights
of a particular type, the Airport Director shall set a limit based
on the best available information.
(d) Pending completion of this experimental program, no pilot who violates
the Performance Based Noise Limit but does not violate the maximum
noise limit of ninety-five dB may be fined or excluded from the Airport.
(Prior code § 10056; added
by Ord. No. 1326CCS, adopted 1/22/85)
The Airport shall be open for public use at all reasonable hours
of the day and night, subject to the following restrictions:
(a) The Airport Director may close the Airport because of conditions
of the landing area, necessary maintenance, the presentation of special
events, and similar causes.
(b) No aircraft shall be started, run-up, or depart the Airport between
the hours of 11:00 p.m. and 7:00 a.m. Mondays through Fridays nor
between 11:00 p.m. and 8:00 a.m. Saturdays and Sundays, except in
case of bona fide medical or public safety emergency, with the consent
of the Airport Director or, in his or her absence, the Watch Commander
of the Police Department.
(Prior code § 10057; added
by Ord. No. 1326CCS, adopted 1/22/85)
The following regulations apply to operations at the Airport:
(a) Touch and Go and Stop and Go operations are prohibited on Saturdays,
Sundays, and holidays, and during weekdays between one-half hour after
sunset and 7:00 a.m. of the following morning. This restriction shall
not apply in emergencies, where necessitated by safety considerations,
or when required by the Federal Aviation Administration.
(b) Touch and Go operations shall be permitted only after the pilot of
the aircraft has received permission from the air traffic controller
in the control tower and in no event shall be made unless the aircraft
has initiated takeoff prior to reaching the touch and go limit lines
painted on the runway.
(c) Simulated forced landings shall not be permitted until the aircraft
reaches pattern altitude and in no event shall be made opposite to
the direction of take-off.
(d) For purposes of this Section, holiday shall mean New Year’s
Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and
Christmas Day, provided, however, that if any such holiday falls on
Saturday or Sunday, and as a result such holiday is observed on the
preceding Friday or succeeding Monday, then such Friday or Monday,
as the case may be, shall be considered to be a holiday under this
Section.
(Prior code § 10058; added
by Ord. No. 1326CCS, adopted 1/22/85)
The following provisions apply to the use of helicopters at
the airport:
(a) Until the completion of the study of helicopter noise authorized
by the Airport Agreement, no person shall be granted a permit or lease
to use the Airport as a base for any operation involving the substantial
use of helicopters.
(b) Helicopter flight training operations at the Airport are prohibited
at all times.
(Prior code § 10059; added
by Ord. No. 1326CCS, adopted 1/22/85)