All commercial hot air balloon businesses are subject to the
following regulations for operations occurring during the period between
May 1 to October 31 of each year:
(a) Insurance
required. Prior to issuance of a business license for any commercial
hot air balloon flight business, the business operator shall provide
to the Town of Mt. Crested Butte proof of full commercial hot air
balloon insurance coverage, containing public liability insurance
in an amount not less than one million dollars ($1,000,000.00) each
occurrence single limit bodily injury and property damage, including
passengers, but not more than $100,000 bodily injury to each passenger,
or $400,000 for bodily injury to all passengers. Such insurance shall
provide coverage for passengers and spectators, as well as the general
public. Such insurance coverage need not cover participants in activities
to be conducted from such hot air balloons, such as paragliding, hang-gliding,
parachute jumping, or bungee jumping, or other similar activities,
during "Aerial Weekend" or other special events. In the event such
activities are to be conducted from the hot air balloons, appropriate
release of liability forms, approved by the town, shall be required
of each individual participant in such activities.
(b) Days
of operation. Commercial free-flight balloon operations, exclusive
of special aerial events, including the special event designated as
"Aerial Weekend," shall operate a maximum of three days per calendar
week. All commercial balloon companies shall conduct free-flight operations
on the same three days per week.
(c) Launch
sites. Free-flight balloon launches shall not take place from congested
areas within the town boundaries; such launches shall occur from the
site or sites approved in advance by the town manager of the Town
of Mt. Crested Butte, Colorado. In issuing permissions for launch
sites to commercial balloon businesses, the town manager shall consider
the proximity of residential improvements to the launch site, the
desires of the occupants of any surrounding residential improvements,
and the flight conditions prevailing from such proposed launch sites.
(d) Compliance
with FAA regulations required. All commercial balloon operations originating
within the town shall be conducted in strict accordance with FAA regulations
promulgated to regulate the operations of lighter-than-air craft.
(e) Landing
sites. Except in the event of an emergency or landing necessitated
by weather conditions, balloon landings are prohibited from the public
right-of-way of Gothic Road within the Town of Mt. Crested Butte,
Colorado. Landings occurring within the public rights-of-way of public
streets within the Town of Mt. Crested Butte, Colorado, shall not
impede traffic using the traveled portion of the right-of-way.
(f) Tethered
flights. The town manager of the Town of Mt. Crested Butte may issue
permits for tethered flights of balloons for operations commencing
not earlier than 10:00 a.m., local time from areas of the town other
than those approved for free-flight launches. Such permit shall specify
the period of time to be covered thereby and the location thereof.
(Ord. No. 87-5, § 2, 9-15-87; Ord. No. 88-7, § 3, 12-6-88; Ord. No. 89-7, § 1, 9-5-89; Ord. No. 92-11, § 1, 7-7-92; Ord. No. 02-6, §§ 1, 2, 7-2-02; Ord. No. 07-5, § 1, 5-15-07; Ord. No. 21-3, § 1, 5-18-21)
Violation of the regulations contained herein shall result in enforcement action being taken by the town against the offending operator pursuant to section 11-53 of the Municipal Code of the Town of Mt. Crested Butte and shall be punished in accordance with the provisions of section
1-14 of the Town Code.
(Ord. No. 87-5, § 3, 9-15-87; Ord. No. 88-7, § 4, 12-6-88; Ord. No. 21-3, § 1, 5-18-21; Ord. No. 23-7, § 5, 9-19-23)