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.
"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
(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)