[HISTORY: Adopted by the Town Board of the Town of Mamaroneck 10-15-1980 by L.L. No. 1-1980 (Ch. 35 of 1975 Code). Amendments noted where applicable.]
The following chapter shall apply to the unincorporated area of the Town of Mamaroneck.
All takeoffs and landings of helicopters or other aircraft from other than approved areas are prohibited within the unincorporated area of the Town of Mamaroneck.
[Amended 12-16-1998 by L.L. No. 10-1998]
The hovering of helicopters so as to discharge or accept passengers or cargo is prohibited within the unincorporated area of the Town of Mamaroneck.
[Amended 7-17-1996 by L.L. No. 14-1996; 12-16-1998 by L.L. No. 10-1998]
The discharging or acceptance of a passenger or cargo from or into a hovering helicopter within the unincorporated area of the Town of Mamaroneck is prohibited except for an emergency.
[Amended 7-17-1996 by L.L. No. 14-1996]
Emergency landings are exempt from this chapter. However, in the event of an emergency landing, no movement of the helicopter or other aircraft may be made or permitted until such time as an administrative authority designated by the Chief of Police has approved the movement of the helicopter or other aircraft, except for helicopters landing for medical and/or public safety emergencies.
A violation of this chapter shall be a misdemeanor.
A violation of this chapter shall be punishable as follows:
A person found guilty may be sentenced to 30 days in jail or a fine of $500, or both, for a first offense.
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.
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.
As provided in §§ 80.00 and 80.05 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.
Should any person(s) affected by this chapter suffer an unnecessary hardship in the way of carrying out the strict letter of this chapter, the person(s) may apply to the Town Board in writing for a variation from the strict compliance with this chapter, upon proof of such unnecessary hardship.
Procedure. Upon submission of a written application to the Town Clerk by the person(s) seeking a variation of this chapter, the Town Board shall, within 30 days of receipt of such application, schedule a public hearing on said application upon five days written notice in the official newspaper of the town. At said public hearing, the person(s) and any other parties wishing to present evidence with regard to the application for a variation from the strict compliance of this chapter shall do so. If the Town Board determines that a person(s) will suffer unnecessary hardship due to the strict compliance with this chapter, to the minimum extent necessary to provide the person(s) relief from strict compliance with this chapter, it shall grant such relief. The Town Board may impose such requirements that ensure the public health, safety and welfare of the community.
Any party aggrieved by the determination of the Town Board on an application for a variation from the strict compliance with this chapter may appeal said decision to the Supreme Court, State of New York, Westchester County, pursuant to Article 78 of the Civil Practice Laws and Rules within 30 days of the filing said decision in the Office of the Town Clerk.