HomeMy WebLinkAboutMINUTES - 10041988 - 1.26 `. Ordinance No. 88- s 2
Amendments to Airport Ordinance 87-8
Section I SUMMARY. This Ordinance adds various provisions to uncodified County
Ordinance 87-8 "the Airport Regulations"), amends and renumbers various
provisions of the Airport Regulations, and adds a new Section 27 to the Airport
Regulations.
Section 2. DEFINITIONS. Section 3 of the Airport Regulations is amended to add
the following provisions:
For the purpose of this Ordinance, unless context requires otherwise, the words
and phrases used herein shall have the meaning set out in this Section. Federal
Aviation Administration definitions shall apply to technical words and phrases
if not included herein. Chapter heads and Section heads or titles do not
constitute a part of this Ordinance but are for information purposes only.
A. A-Weighted Sound Level
The sound pressure level , expressed in decibels, that has been filtered,
or weighted, to reduce the influence of extremely high or low frequencies
to more adequately respond to the human perception of sound.
B. Air Operations Area
The portions of the Airport provided and made available for aircraft and
related operations, and shall include aircraft runways, taxiways, ramps,
aprons, parking spaces and areas directly associated therewith.
C. Aircraft
Any apparatus now known or hereafter designed, invented or used for
navigation or flight in the air, except a parachute or apparatus used
primarily as safety equipment.
D. Aircraft Operator
Any person or entity who owns, leases, rents, controls, manages or operates
an aircraft.
E. Airport
Any and all airports under the ownership and control of Contra Costa County
and including all property and improvements within the boundary lines of
said airports.
F. Airport Management
The Manager of Airports and his duly authorized representatives are
collectively referred to as Airport Management.
1 Revised 9/27/88
G. Based Aircraft
Aircraft (1) which are tied down or hangared at the Airport at a monthly
or longer charge; or (2) owned, leased or used by an aircraft operator who
maintains a fixed place of business on the Airport; or (3) owned, leased
or used by an aircraft operator who uses the Airport for the principal,
or a substantial, portion of his or its activity. More than eight (8)
landings in any thirty (30) day period shall be deemed a substantial use,
unless otherwise determined by the Manager of Airports.
H. Based Commercial Aircraft Operator
A commercial aircraft operator who operates at the Airport pursuant to a
lease with, or license from, Contra Costa County.
I. Business or Commercial Activity
Business or commercial activity is defined to include the use of the
Airport for one or more of the following purposes: Carrying passengers,
freight, express or mail for hire; instructing in aviation or in any
aviation related field for compensation; selling fuels, aviation supplies
or materials; renting, selling, maintaining or servicing aircraft; or
conducting any other aviation or non-aviation commercial or business
activity including the sale of refreshments or any commodity of service;
and the offering or soliciting of any act in this Section.
J. Crash-Fire-Rescue (CFR) or Aircraft Rescue and Fire Fighting (ARFF)
The Crash-Fire-Rescue (CFR) units at the Airport and equipment owned or
operated for the purpose of conducting Crash-Fire-Rescue operations.
K. Commercial Aviation Operator
Any person or entity who owns, controls, operates, manages, or leases any
aircraft for any one or more of the following purposes: (1) the
transportation by aircraft of persons or property for hire, including, but
not limited to, common and contract carriers; (2) the operator of an
aircraft utilized for student training to obtain compensation; (3) the
operator of an aircraft leased for profit; (4) any person engaged in the
business of selling aircraft parts or aircraft accessories; (5� the holder
of a certificate for commercial aircraft operation under Federal Aviation
Regulations (FAR's); or (6) the operator of any aircraft determined by the
Manager of Airports not to be a flying club aircraft, private aircraft,
government, or public aircraft as defined in these regulations.
An aircraft operator not otherwise a commercial aircraft operator shall
not become one solely as a result of the leasing of his aircraft to a based
aircraft operator who operates under a lease with or license from Contra
Costa County.
L. Decibel
The unit for expressing the relative intensity of sounds.
M. Fire District
A County fire protection district in which the Airport is located.
2 Revised 9/27/88
N. Fixed Base Operator (FBO)
t Any person or entity who on or at the Airport engages for hire in the
selling, storage, repair, servicing, renting, operating or fueling of
aircraft, and who has a real property lease with Contra Costa County.
0. Flying Club
A non-.profit association, partnership or corporation of five or more
members owning or leasing aircraft based at the Airport, in which
organization each club member is a bona fide part-owner of the aircraft
(in case of owned aircraft), or the holder of a share, but not more than
one share, in the organization. The club may not derive greater revenue
from the use of its aircraft than the amount necessary for the operation,
maintenance and replacement of such aircraft.
P. General Aviation
All other aircraft operated at Buchanan Field Airport other than Scheduled
Commercial Airlines, Military Operations, and Public or Government
aircraft.
Q. Manager of Airports
That person designated by the Public Works Director of Contra Costa County
as the day-to-day executive officer for the operation of the Airport.
R. Owner
The registered owner of an aircraft, the person in possession of an
aircraft, including, but not limited to, licensees, lessees and other such
persons, and any fixed base operator (FBO) , flying club or other
organization which allows a third party to use an aircraft under an
agreement with the registered owner of the aircraft.
S. Government Aircraft and Public Aircraft
Aircraft owned or operated by federal , state or municipal government, or
agencies thereof.
T. Maximum Landing Weight
The certified maximum gross landing weight for aircraft as prescribed by
the Federal Aviation Administration (FAA).
U. Person/Entity
Any individual , partnership, corporation, association, joint venture,
organization, group or duly authorized representative thereof.
V. Private Aircraft
Aircraft used solely for the transportation of the owner; the owner's
employees, guests, or property; not operated for profit and not otherwise
coming within any other definition set forth in these regulations. Such
aircraft may be operated by other than the owner without losing its
classification as private provided that such use by others does not include
commercial operations.
3 Revised 9/27/88
W. Private Aviation
The operation and use of private aircraft.
• X. Scheduled Commercial Airline
Any air carrier or commuter airline authorized by federal , state and local
law and regulations to operate regularly scheduled commercial air service
into and out of Buchanan Field Airport for the purpose of carrying
passengers, freight, or for any other commercial purpose.
Y. Tenant
Any person or employee of any person having a lease, permit, or agreement
with Contra Costa County, or any person who is a sublessee of a lessee and
is based at the Airport.
Z. Transient Aircraft
.Aircraft that are not based aircraft as defined under Paragraph G. of this
Section.
AA. Transient Aircraft Parking Area
Areas on the Airport which the Manager of Airports may, from time to time,
designate for parking of transient aircraft. The FBO lessees may also have
transient areas of their leased premises.
AB. Uniform Fire Code
The latest version of the Uniform Fire Code adopted by the County Fire
Protection District in which the Airport is located.
Section 3. Section 18.U.10 is hereby revised as follows:
Practice landings and takeoffs, training and/or proficiency operations, including
but not limited to touch-and-go operations, shall not be conducted between the
hours of 10:00 p.m. and 7:00 a.m. local time. This time shall be 10:00 p.m. to
8:00 a.m. on weekends and all holidays observed by Contra Costa County.
Section 4. Section 27 is added to the Airport Regulations to read as follows:
Section 27. Airport NOISE RESTRICTIONS
A. Maximum Permitted Noise Level
Unless expressly exempted under Subsection E. of this Section, no
person shall pilot, operate, or permit to be operated, any aircraft
at Buchanan Field Airport which exceeds a sound level of 78.0
decibels on the A-weighted scale (dBA) on takeoff, under measuring
procedures referenced, and at noise levels set forth in U.S.
Department of Transportation, Federal Aviation Administration ("FAA")
Advisory Circular 36-3 ("AC 36-3"), as amended (March 27, 1986 - or,
if later amended, the most recent amendment of AC 36-3) , entitled
"Estimated Airplane Noise Levels in A-weighted Decibels."
4 Revised 9/27/88
B. Maximum Permitted Nighttime Takeoff Noise Levels
Unless expressly exempted under Subsections E. or F. of this Section,
no person shall pilot or operate any aircraft at Buchanan Field
Airport which exceeds a sound level of 75.0 decibels on the
A-weighted scale (dBA) on takeoff, under measuring procedures
referenced, and at noise levels set forth in FAA AC 36-3, as amended,
durin the hours of 10:00 p.m. to 7:00 a.m. (2200 hours to 0700
hours}, local time.
C. Determination of Compliance
Compliance with Subsections A. and B. of this Section shall be
determined by reference to FAA AC 36-3, including Appendix 1,
"Estimated Maximum A-weighted Sound Levels for Airplanes at FAR
Part 36 Appendix C Locations (Takeoff)" for all aircraft listed in
AC 36-3. An aircraft type and model not listed in FAA AC 36-3 as
amended may operate at Buchanan Field Airport if it is in all other
ways in compliance with the Airport Regulations as amended.
D. Prohibited Aircraft List
The Manager of Airports shall maintain, and provide to all Airport
tenants and any other person upon request, a list of aircraft types
prohibited to use Buchanan Field Airport in compliance with the
noise standards set forth in Subsection A. and Subsection B. of this
Section, as determined by the procedures specified in Subsections
A. , B. or C. of this Section ("Prohibited Aircraft List"). Unless
exempt from the provisions of Subsection A. of this Section, no
aircraft may tie-down, be based at, or otherwise use the landing,
takeoff, or other facilities of Buchanan Field Airport if that
aircraft is listed in the Prohibited Aircraft List.
E. Provisions for Testing for Compliance
The owner of an aircraft on the Prohibited List as set forth in
Section 27.D. shall have the opportunity to demonstrate compliance
with the noise standards set forth in Subsections A. and B. by either
of the following means:
1. By .providing the County with proof that the subject
aircraft has -been modified in a manner approved by the
FAA or would be operated in a manner consistent with
safety that would allow it to comply with the
requirements of Subsections A. 'and B. , if it were to be
tested in accordance with the FAA noise type
certification procedures set forth in AC 36-3; or
2. By providing the County with proof that the subject
aircraft has been tested in accordance with the FAA
noise type certification procedures set forth in AC 36-3
and has been determined to be in conformance with the
requirements .of Subsections A. and B. of this Section.
5 Revised 9/27/88
� F. General Section 27 Exemptions
The following categories of aircraft shall be exempt from the
provisions of Subsection A. of this Section:
1. Aircraft operated by the United States of America or the
State of California;
2. Law enforcement, emergency, fire, or search and rescue
aircraft operated by any county or city of the State of
California;
3. Aircraft used in support of emergency or emergency
relief purposes. In the event of aircraft operations
conducted pursuant to this exemption, then, within ten
(10) days after conclusion of the emergency, the Manager
of Airports shall submit to the Public Works Director
a detailed written report regarding the nature and
duration of the emergency, and a description of the
operations conducted pursuant to this exemption during
the emergency period;
4. Aircraft having to use the Airport in a bona fide
emergency for the preservation of life or property;
5. Civil Air Patrol aircraft when engaged in actual search
and rescue missions;
6. Aircraft engaged in landing(s) or takeoff(s) while
conducting tests required by the Manager of Airports or
other competent authority pursuant to the development
of revised noise standards, and noise or monitoring or
management systems;
7. Itinerant aircraft engaged in emergency medical
evacuation or transport, or engaged in transportation
reasonably related to a medical emergency;
8. Aircraft engaged by or with the consent of the Count
Board of Supervisors for aerial exhibition (air show
or static display purposes at the Airport.
G. Exemptions from Subsection B.
Scheduled air carrier or scheduled commuter airline aircraft shall
be governed by their lease agreements and the current Airport Access
Plan in lieu of Subsection B. of this Ordinance as it relates to
aircraft operations that have been delayed in their scheduled
arrival or departure time as a result of equipment failure, bad
weather, air traffic control delays, or other similar circumstances
beyond the control of the operator, provided that preferential noise
abatement arrival Runway 19R or preferential departure Runway 32R
can, in the sole judgement of the pilot-in-command, be safely used
by the aircraft for its delayed operation. Any person operating any
aircraft pursuant to the exemption authorized by this Subsection
shall submit a written report to the Manager of Airports within ten
(10) days after the operation setting forth in detail the
circumstances justifying the application of this exemption for any
such operation.
6 Revised 9/27/88
H. Notification
t The Manager of Airports requests publication of a Notice to Airmen
(NOTAM) setting forth the restrictions of Subsections A. and B. of
this Section. The Manager of Airports may also take other steps to
provide information to aviation users of the nature and existence
of these restrictions. Nothing in this Section shall provide or
constitute a defense to any charge for violation of Subsections A.
or B. of this Section.
Section 5. Section 6.D.4. is added to the Airport Regulations to read:
4. Responsibility for Compliance
It shall be the responsibility of all Airport users
including,_ but not limited to, pilots and the owners of
aircraft, to comply with Section 27. of this Ordinance.
Action enforcing Section 27. of this Ordinance may be
taken against either the pilot or owner of any aircraft
violating Section 27. , as circumstances may require, and
in accordance with the following provisions:
(a) If an aircraft is operated in violation of
this Ordinance by a person other than the
owner of the aircraft, the pilot, and not
the owner, shall be subject to the penalties
prescribed by this Ordinance, except:
(b) If the pilot of an aircraft cannot be
identified, the owner shall be presumed to
have been the pilot of .the aircraft with
authority to control the aircraft's
operation, or presumed to have authorized
or assisted in the aircraft's operation.
Such presumption may be rebutted by
identification of the person, if any, who
was in fact the pilot at the time of the
alleged violation.
(c) In the case of any training flight,
including, but not limited to touch-and-go
operations, stop-and-go operations, and low
or missed approaches, in which both an
instructor pilot and a student pilot are in
the aircraft which is alleged to have been
operated in violation of Section 27. of this
Ordinance, the instructor pilot shall be
presumed to have caused such violation.
Section 6. Section 6.B.1. is added to the Airport Regulations to read:
B.1. Appeal to Noise Violations
Any person aggrieved by an administrative action taken pursuant to
Section 27 of this Ordinance may appeal from the action to the
Director of Public Works. Said appeal shall be made by filing a
written Notice of Appeal with the Director of Public Works,
specifying the grounds for appeal , within ten (10) calendar days of
the date the action complained of occurred.
7 Revised 9/27/88
. ..:Section 6. Sections 6.F. , G. and H. are added to the Airport Regulations to
read:
F. Enforcement Officials and Employees
In addition to all other persons authorized by law to enf&tt!v,'t -
Ordinances of the County of Contra Costa, and pursuant to the
provisions of Section 836.5 of the California Penal Code and Contra
Costa County Ordinance Code Section 14-8.000, those pro visions "of
this Ordinance which are punishable as infractions may also Abe``'.°ed
enforced by the Public Works Director. r. ",edt
. !"or
G. Scheduled Commercial Airline Approved Equipment Y o y
Scheduled commercial airlines shall operate only that equipment
authorized by the Board of Supervisors by lease agreement.
H. Compliance with Noise Restrictions
No one, including the operator of a commercial airline, shall
operate equipment that does not comply with the Airport Noise
Restrictions for Buchanan Field Airport. The Board of Supervisors
may require demonstration flights to prove compliance✓Wath 'aid
Section.
Section 7. EFFECTIVE DATE
This Ordinance shall be published once with the names of the members iof =the `'
Board of Supervisors voting for and against it in the Contra Costa Xeje%.
newspaper of general circulation published in Contra Costa County, promptly
after passage by the Board of Supervisors. This Ordinance shall be effective
on January 1, 1989. )rwi Fire ('n6-
PASSED ON October 4 , 1988 1988 BY THE FOLLOWING VOTE
AYES: Supervisors Powers , Fanden, McPeak and Torlakson
NOES: None
ABSENT: Supervisor Schroder "`��° ' sba
ABSTAIN: None Th ,
ATTEST: PHIL BATCHELOR, Clerk of the Board and County Administrator
_ / Airport peg
By: Aw
Deputy Clerk Board Chair
((seal))
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8 Revised 4/27/88