[HISTORY: Adopted by the Town Board of the Town of Harrison 10-17-2001
by L.L. No. 8-2001. Amendments noted where applicable.]
The Town of Harrison finds that due to the proximity of the Westchester
County Airport, the landing of aircraft and helicopters in the Town is not
required to serve the Town's or the region's transportation needs.
Therefore, it is the intent of this chapter to prohibit, limit, and restrict,
as set forth herein, the landing and/or takeoff of aircraft and helicopters
in the Town.
As used in this chapter, the following terms shall have the meanings
indicated:
Any contrivance, now or hereafter invented, for aerial navigation,
or for the steering, directing or managing of an aircraft, or flight in or
through the air, except a parachute or other contrivance designed for use,
and carried primarily for safety equipment.
An aircraft, the support of which in the air is normally derived
from airfoils mechanically rotated about an approximately vertical axis.
Except as provided in § 80-5 hereof, the hovering of helicopters so as to discharge or accept passengers or cargo is prohibited within the Town of Harrison.
Except as provided in § 80-5 hereof, the takeoff or landing of a helicopter or other aircraft is prohibited within the Town of Harrison.
A.
Takeoffs and landings of helicopters or other aircraft
at any part of the Westchester County Airport situated in the Town of Harrison.
B.
Emergency landings of helicopters or other aircraft;
provided, however, that no helicopter or other aircraft that has landed as
a result of an emergency condition shall take off except under the supervision
of the Town of Harrison Police Department which shall permit such takeoff
only after consultation with qualified Federal Aviation Administration personnel
as to the airworthiness of such helicopter or other aircraft. In the event
that such helicopter or other aircraft is deemed to be incapable of safe operation,
it shall not be permitted to take off and shall be removed only by land transportation.
C.
Takeoffs or landings by police, fire, medical evacuation,
military or other public safety personnel in the exercise of their official
duties or responsibilities.
A violation of this chapter shall be a misdemeanor and be punishable
as follows:
A.
A person found guilty may be sentenced to 30 days in
jail or a fine of $500, or both, for a first offense.
B.
A person found guilty of violating this chapter a second
time may be sentenced to up to 60 days in jail or fined up to $1,000, or both.
C.
A person found guilty of a third or subsequent violation
of this chapter may be sentenced to up to 120 days in jail or fined up to
$2,000, or both.
D.
As provided in §§ 80 and
80.05(5) of the Penal Law of the State of New York, in lieu of the foregoing
schedule of fines, a fine equal to two times the profit made as a result of
such prohibited landing, takeoff or hovering may be imposed.
