This chapter is adopted in accordance with California Constitution Art. XI, Section 7 for the purpose of establishing minimum safe altitudes for aircraft; identifying low flying aircraft as public nuisances; authorizing abatement of such nuisances; and empowering persons to undertake appropriate action to abate such public nuisances. Nothing contained in this chapter is intended to, nor will it, preclude the city from pursuing any other available remedy to enforce this chapter.
(Ord. 2142 § 2, 2017)
Unless the contrary is stated or clearly appears from the context, the following definitions will govern the construction of the words and phrases used in this chapter. Words and phrases undefined in this chapter have the same meaning as set forth in applicable federal law, including, without limitation, those regulations promulgated by the FAA.
"Acrobatic flying"
means any manipulation of the controls of any aircraft which may tend to divert the aircraft from a normal flight when such manipulation is not necessary to maintain the stability and safety of such aircraft.
"Aircraft"
means any contrivance invented, used, or designed to navigate, or fly in, the air.
"City manager"
means the city manager or designee.
"FAA"
means the federal aviation administration and any successor agency.
"Minimum safe altitudes of flight"
has the same meaning as set forth in 14 Code of Federal Regulations Section 91.119, and any successor statute or regulation, within the navigable airspace regulated by the FAA.
"Noise disturbance"
means any loud, raucous, annoying, or unusual noises that offends the peace and quiet of persons of ordinary sensibilities and interferes with the comfortable enjoyment of life or property and affects at the same time an entire neighborhood or any considerable number of persons.
"Person"
means individuals or corporate entities.
"Residential areas"
means those areas identified by the Monterey Park General Plan Land Use Policy Map (see Figure LU-2) as low density residential; medium density residential; or high density residential.
(Prior code § 3400; Ord. 2142 § 2, 2017)
It is unlawful for any person to drive, operate, or fly in or over the city any aircraft in the air or upon the ground in a reckless manner, or in such a manner as to endanger the lives or safety of persons in the city, or in such aircraft, or operate any aircraft in or over the city while under the influence of any intoxicating liquor or narcotic.
(Prior code § 3401; Ord. 2142 § 2, 2017)
It is unlawful for any person to allow, maintain, or cause any aircraft to create a noise disturbance.
(Ord. 2142 § 2, 2017)
It is unlawful for any person to drive, operate, or fly in or over the city any aircraft below the minimum safe altitudes of flight.
(Prior code § 3402; Ord. 2142 § 2, 2017)
The minimum safe altitude over the populated areas of the city must be sufficient at all times to permit an emergency landing outside of such areas in the event of complete failure of power. Minimum safe altitude for aircraft is not less than six thousand feet above ground level. Aircraft actively involved in law enforcement or other emergency services are exempt from this requirement. The city council may exempt city events, as identified by the city council, from this section.
(Prior code § 3403; Ord. 2142 § 2, 2017)
The minimum safe altitude over any school, religious institution, hospital or any open air assembly of persons is not less than six thousand feet above ground. Sections 9.06.040. 9.06.050 and/or 9.06.060 may be waived in writing by the city manager for:
(a) 
A school activity which is officially sanctioned by the school district; or
(b) 
A city-sponsored event.
(Prior code § 3404; Ord. 1963 § 1, 1999; Ord. 2142 § 2, 2017)
The minimum safe altitude established by this chapter does not apply where take-off or landing is necessary for emergency situations or for public safety activities.
(Prior code § 3405; Ord. 1963 § 2, 1999; Ord. 2142 § 2, 2017)
It is unlawful for any person to perform any acrobatic flying in or over the city.
(Prior code § 3406; Ord. 2142 § 2, 2017)
Overflight between the hours of ten p.m. to seven a.m. is prohibited over all residential areas.
(Ord. 2142 § 2, 2017)
Aircraft flying lower than minimum safe altitude causes blight, decreases property values and deprives surrounding residents and owners of the right to comfortable enjoyment of life and property. Such aircraft are obnoxious, constitute a public nuisance, and are an immediate threat to public safety which must be abated to minimize harm to persons and property in the community. Accordingly, aircraft flying lower than the minimum safe altitude are a public nuisance.
(Ord. 2142 § 2, 2017)
(a) 
In addition to any other remedy available under applicable law, violations of this chapter may be enforced as follows:
(1) 
Abated as public nuisances.
(2) 
Enjoined as unfair business practices that are presumed to nominally damage each and every resident of the community.
(b) 
Any person acting for the interests of itself, its members, or the general public may bring an action for injunctive relief to prevent future violations or to recover actual damages.
(c) 
The remedies provided by this chapter are cumulative and in addition to any other available remedy.
(Ord. 2142 § 2, 2017)
(a) 
This chapter is in addition to any other prohibition or limitation on aircraft under applicable law. The city council intends this chapter to supplement, and not to duplicate or contradict, other applicable law.
(b) 
If another applicable law is more restrictive in regulating aircraft, that law governs.
(Ord. 2142 § 2, 2017)