The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Aircraft
means all types of fixed wing aircraft, whether propelled by motor driven propeller, turbo driven propeller, or jet power; helicopters, however powered; and all other types of mechanical devices capable of suspension and flight in air.
Developed area of the city
means any public, private, or parochial school; any type of hospital; any church; not less than three residential type structures, or commercial type structures with at least one of not less than three such structures being located within 100 feet of at least one of such three structures; and any industrial plant having, in its physical complex, not less than three buildings subject to human occupancy, from time to time, and which three buildings are located within 100 feet of each other.
Governmental authorities
means the City of Harlingen, the State of Texas, the United States of America, and any other duly constituted political subdivision of the State of Texas or United States of America.
(Code 1973, § 6-1; Code 1997, § 157.01; Ordinance 72-25, adopted 8/2/1972)
No aircraft shall be flown and operated in the air over any developed area of the city at an altitude less than 500 feet above normal ground level, or nearer than 500 feet, by horizontal measurement, to any such developed area of the city; save and except as follows:
(1) 
Aircraft landing and taking off from the municipal airport of the city and other duly established, maintained, and operated airports within the city; such landing and taking off of such aircraft at such airports being in accordance with procedures and manners as established by aircraft flight control regulations of the Federal Aviation Administration of the United States and other governmental regulations.
(2) 
The operating of aircraft by or contractually for governmental authorities or engaged in law enforcement service in emergency conditions involving the health and safety of the citizens of the city; provided that such flights, before being excepted herein, shall first be authorized by written permit issued by the city manager containing the times, places and heights, and other conditions controlling such excepted flights.
(3) 
a. 
Helicopters engaged in commercial, construction or entertainment activities are subject to approval by the police chief or his designee provided that such use of helicopters shall first be authorized by written permit issued by the police chief or his designee. The cost for such permit shall be as stated in the city fee schedule in chapter 18.
b. 
No permit shall be approved without the applicant first providing proof of financial responsibility in the form of an insurance policy covering crash damage limits per incident and aggregate per year, as stated in the city fee schedule in chapter 18. The applicant must provide proof that said insurance policy will remain in effect throughout the time period that such helicopters are to be used in the commercial, construction or entertainment activity.
c. 
The police chief or his designee shall have the power to inspect the helicopter and any equipment used by, in conjunction with, or appurtenant to the helicopter. Inspection of the helicopter and other equipment may be made at any time within regular working hours and without notice to the permittee at the sole discretion of the police chief or his designee. If the police chief or his designee determines that the helicopter, equipment or the time, place or manner in which such helicopter is to be used is unsafe or hazardous, the police chief or his designee may halt the use of said helicopter until such time as the defect, hazardous condition, or place or time of use is deemed safe by the police chief or his designee.
d. 
Each applicant for such permit shall furnish the following information:
1. 
A photocopy of the FAA certificate of the applicant.
2. 
A descriptive list of each helicopter to be used, which includes FAA registration number of each helicopter and evidence that each helicopter has been inspected and FAA approved as airworthy not less than six months prior to the date of applying for such permit.
3. 
A list of pilots that will operate the helicopter, including evidence of their licenses and identification.
4. 
A specific description of where, when and how such helicopters are to be used.
(Code 1973, § 6-2; Code 1997, § 157.02; Ordinance 72-25, adopted 8/2/1972; Ordinance 06-43, adopted 8/1/2006)
Aerial contractual chemical and/or dust applications by aircraft upon any area other than developed areas within the city shall be subject to the following regulations:
(1) 
Each agricultural application firm shall, prior to operating flights for such purposes in air space over now developed land areas of the city, obtain a permit for such purposes from the city. Such permit shall be issued by the chief of police of the city for a one-year period from April 1 to the following March 31 (provided that permits for any portion of such one-year period may be issued depending upon the date of application and issuance).
(2) 
Each applicant for such permit shall set forth and/or furnish the following information: a photocopy of the FAA area agency certificate of the applicant; a descriptive list (including FAA registration number) of each plane to be used and evidence of each such plane having been inspected and FAA approved as airworthy not less than six months prior to the date of applying for such permit; a list of pilots to operate such planes, including evidence of licenses; original or memorandum copy of liability insurance policy covering crash damage limits of not less than $100,000.00 per person, $300,000.00 per accident personal injury damage, and $100,000.00 property damage.
(3) 
The chief of police shall issue such permits in only those cases where the applicant satisfies the foregoing requirements. A permit fee, found in the city fee schedule in chapter 18, shall be paid by each permit applicant for such permit, the same to be deposited in the general fund of the city.
(4) 
Each such permit issued shall provide that it authorizes the holder to apply agricultural treatment chemicals or dust by aircraft over undeveloped areas of the city only upon the holder of such permit at least one day prior to the beginning of any such aerial application flight filing with the chief of police of the city the well-defined and clearly outlined areas of the undeveloped portion of the city over which such agricultural application flights are to be performed, such outlined and defined areas to be upon an accurate map of the city and with the exterior boundaries of such defined and marked areas to be no nearer than 500 feet by horizontal measurement, of any developed area in the city; provided, further, it shall be the obligation and requirement of each such permit holder to inspect the areas within the city immediately surrounding the agricultural areas proposed to be flown by him so as to confine his clearly defined and marked area proposed to be flown, and ultimately actually flown by him, whereby no portion of such area to be flown and serviced shall be nearer than 500 feet (by horizontal measurement) to any developed area in the city. The use of the terms "flown by him" or "to be flown by him" in this section shall mean an agriculture aerial application flight by the holder of such permit, or anyone in his employment or under his control flying aircraft in such operations under such permit and for such particularly defined and marked area or areas.
(Code 1973, § 6-3; Code 1997, § 157.03; Ordinance 72-25, adopted 8/2/1972)