Chapter 4-13 AIRPORT RULES AND REGULATIONS FOR USERS OF THE TURLOCK MUNICIPAL AIRPORT

This chapter may be referred to as the Turlock Municipal Airport Rules and Regulations. It may be amended by a majority vote of the City Council of the City.

4-13-02 Purpose.

This chapter is enacted to protect the health, safety and peace, and to promote the welfare and convenience of the general public using the Turlock Municipal Airport or affected by activities related to the airport by providing for the orderly conduct of activities on, or related to, the airport. This chapter applies equally to every user of the Turlock Municipal Airport.

The airport shall be open for public use at all hours subject to the rules and regulations set forth herein, the payment of fees, and subject to restrictions due to inclement weather, the condition of the field and/or landing area, the presentation of special events and like causes as may be determined by the airport manager.

4-13-03 Organization.

The Turlock Municipal Airport shall be a division of the Fire Department of the City. The operations of the airport, including the contract management services, shall be under the supervision and direction of the Fire Chief of the City.

The federal aviation regulations promulgated by the Federal Aviation Administration of the Department of Transportation of the United States of America and the California Aeronautics Act of the State of California, as now existing or hereafter modified are hereby referred to, adopted, and made a part of these regulations and this chapter as fully and in all respects as if set forth herein in full.

4-13-04 Responsibilities.

(a) Management. It shall be the responsibility of the Manager of the Turlock Municipal Airport to fairly and impartially administer the Turlock Municipal Airport Rules and Regulations.

(b) Users. It shall be the responsibility of every user of the Turlock Municipal Airport to be familiar with the airport rules and regulations. A copy will be maintained current to reflect any amendments and will be posted in the Operations Buildings of the Airport. Additional copies will be provided by the Airport Manager to any user of the airport who requests such copy.

4-13-05 Definitions.

For the purposes of this chapter the following definitions and meanings shall apply unless otherwise specified:

(a) "Aircraft" means any device that is used, or intended to be used, for flight in the air. It includes airplanes, helicopters and gliders, and lighter-than-air devices such as blimps or balloons, but does not include hang gliders.

(b) "Airport" means the Turlock Municipal Airport, its buildings and facilities, including airspace above such land and the designated approaches thereto.

(c) "Airport Manager" means the City Manager of the City of Turlock or his/her authorized and appointed designee. Such designees may include the Airport Manager and the Executive Officer of the Airport Advisory Commission.

(d) "Commercial operator" means any person who, for compensation or hire, engages in the carriage of persons, property, or mail in air commerce, or engages in other aerial activity such as flight instruction, aerial photography, fire fighting, agricultural aviation activities or traffic surveillance.

(e) "Commercial use" means use of the airport for revenue producing commercial activities.

(f) "Fixed base operator" means any person who rents, leases, or owns facilities located on the airport who, by virtue of his specific type of aviation related activity, requires the occupancy of a site with contiguous aircraft apron and direct access to the aircraft operation area and who engages in a business activity providing aviation sales or services including, but not limited to, any of the following:

(1) Selling and/or servicing new and used aircraft and component parts;

(2) Aircraft maintenance and repairs;

(3) Sales and/or repair of avionics;

(4) Aviation training (including ground or flight instruction);

(5) Aerial photography;

(6) Air ambulance service;

(7) Aircraft agricultural operations (crop dusting, spraying, or the application of seed, fertilizers, pesticides, defoliants, etc.); and

(8) Aircraft rental, charter, leasing.

(g) "Maintenance" means inspection, overhaul, repair, preservation, and the replacement of parts, but excludes preventive maintenance.

(h) "Traffic pattern" means the traffic flow that is prescribed for aircraft landing at, or taking off from the airport.

(i) "Tenant" means any person leasing the tie-down or hangar space.

4-13-06 Based aircraft.

Any person desiring to store or base an aircraft at the Turlock Municipal Airport shall register such aircraft at the office of the Airport Manager prior to beginning such storage or operations and at any time that a change in ownership of the aircraft occurs. The use of the airport or any of its facilities in any manner shall create an obligation on the part of the user to obey all of the rules and regulations herein provided. Based aircraft owners shall be called tenants.

Tenants shall provide liability insurance naming the City, its officers and employees as additional insureds in the amounts of not less than Two Hundred Thousand and no/100ths ($200,000.00) Dollars property damage, Five Hundred Thousand and no/100ths ($500,000.00) Dollars bodily injury to any one person, with combined single incident limit of One Million and no/100ths ($1,000,000.00) Dollars.

4-13-07 Commercial activity.

(a) No person shall utilize the airport for any revenue producing commercial activities without first obtaining a permit from the Airport Manager for such activities and paying the fees and charges established for such use. The Airport Manager shall maintain available for examination upon request, a schedule fees and charges for the use of the airport and its facilities. Any aircraft owner who fails to pay any fee duly charged for aircraft owned or controlled by him shall have such aircraft subject to impounding until the fees are paid, along with any impound fees, or until the aircraft is sold for charges.

(b) Insurance requirements for fixed based operators. Fixed based operators shall obtain and file with the City Clerk a certificate of insurance, evidencing that said operator has in full force and effect product liability insurance, general liability insurance, and completed operations insurance in the amounts of not less than Five Hundred Thousand and no/100ths ($500,000.00) Dollars for injury to one person, One Million and no/100ths ($1,000.000.00) Dollars for each occurrence, and Two Hundred Fifty Thousand and no/100ths ($250,000.00) Dollars for property damage.

(c) Insurance requirements for commercial operators. All other commercial operators shall obtain and file with the City Clerk a certificate of insurance, evidencing that said operator has in full force and effect a policy of public liability insurance, including a provision for hazardous materials clean up costs, with combined single limits of One Million and no/100ths ($1,000,000.00) Dollars.

4-13-08 Aircraft storage and parking.

Aircraft shall only be stored or parked at places designated by the Airport Manager and such storage or parking shall be at the sole risk of the owner or operator of the aircraft, and without any responsibility of the airport or its manager, the City, or any of its officers or employees, for any loss of, or damage to the aircraft while so stored or parked. The owner or operator of the aircraft shall be responsible for the tying-down and securing of his aircraft. He shall likewise be responsible for any liability arising from or caused by his aircraft or his activities. Transient aircraft shall only be parked in the area designated by the Airport Manager.

4-13-09 Hours or operation.

The airport shall be open for public use at all hours of the day and night, subject to any restrictions imposed by the Airport Manager due to inclement weather, the condition of the landing area, the presentation of special events, construction or repair activities, or similar causes. The airport is not attended on a regular basis.

4-13-10 Unattended aircraft.

No aircraft shall be left unattended on the airport unless properly secured or within a hangar. Owners of aircraft left so unattended shall be liable for damage to other aircraft or to property resulting from the failure to adequately secure or tie down the aircraft.

4-13-11 Maintenance.

Unless otherwise authorized by the Airport Manager, no aircraft or vehicle maintenance (other than required to remove damaged aircraft from the runway(s) or taxiway(s), or replacing a flat tire) shall be performed at the airport except in areas specifically designated by the Airport Manager for that purpose.

4-13-12 Accidents.

Every person involved in, or witnessing an aircraft accident on the airport shall report promptly the details of such accident to the Airport Manager, to the FAA and to local law enforcement personnel, as required by law. In addition, the pilot or aircraft owner shall report fully to the California Division of Aeronautics the details on any accident in which there is death or injury, or in which damage to the property of others exceeds Four Hundred and no/100ths ($400.00) Dollars. The owner and/or pilot of an aircraft which is damaged in an accident, or wrecked, shall be responsible for the prompt removal of the aircraft as directed by the Airport Manager. Where the pilot or owner is unable to arrange for removal of such disabled or wrecked aircraft, the Airport Manager shall have the authority to move, or arrange the removal of, the aircraft when released (if applicable) by the FAA or the National Transportation Safety Board (NTSB) and the costs of removal and clean up shall be charged to the aircraft owner and user. No liability shall be incurred by the Airport Manager or others for damage aggravated by, or resulting from, such removal.

4-13-13 Noise.

No person shall operate any aircraft in flight or on the ground in such a manner as to cause unnecessary noise as determined by applicable federal or state or local laws and regulations.

4-13-14 Restricted areas.

No person shall enter any restricted area which is posted or closed to the public except (a) persons duly authorized by the Airport Manager, or (b) law enforcement or firefighting personnel.

4-13-15 Animals.

No person shall willfully and knowingly permit any animal owned, possessed, controlled, or harbored by him to enter the airport unless the animal is leashed or restricted in such manner as to be under control, or is in a shipping container, or is otherwise under physical restraint, or permit such animal, except a "seeing-eye" dog, to enter any airport building.

4-13-16 Traffic regulation.

The Airport Manager shall have the authority to take such steps as he or she shall deem necessary and advisable to regulate the traffic of persons, vehicles, and aircraft on the airport.

4-13-17 Starting engines.

No person shall start any aircraft engine on the Turlock Municipal Airport:

(a) Unless a competent operator is at the controls;

(b) Unless the aircraft is equipped with adequate brakes fully applied or the wheels are securely blocked with blocks or chocks that can be removed safely; and/or

(c) When the aircraft is in such a position that the propeller slipstream or jet blast can cause damage to, or interfere with the operation of, other aircraft, vehicles, mobile equipment, hangars, shops, other buildings, or can cause injury to passengers, spectators, or other persons.

4-13-18 Taxiing.

No person shall taxi any aircraft into, out of, or within any hangar or other building on the airport. Nor shall any person move any aircraft under its own power on the airport unless he is in full control of such aircraft, and has assured himself that there is no danger of collision with other aircraft, vehicles, equipment, buildings, persons or other obstacles. Aircraft shall be taxied at a safe speed, not to exceed fifteen (15) miles per hour.

4-13-19 Dumping refuse.

No person shall place, burn, deposit, or dump any garbage, cans, bottles, papers, ashes, sewage, fertilizer, seed, hazardous material, agricultural chemicals, carcass of any dead animal, offal, trash, rubbish, debris, or any other refuse in any location on the airport except in containers plainly marked by the Airport Manager for such purposes.

4-13-20 Firearms.

No person shall shoot any projectile from a firearm or other device, into, on, or across any portion of the airport, or have in his possession, or under his control, any firearm which is not unloaded and securely wrapped and boxed for shipment, or any explosive or explosive device; provided, however, that this section does not apply to peace officers or military personnel who are acting in the performance of their duties as such.

4-13-21 Traffic pattern.

Every aircraft, before landing and after takeoff, shall be flown in accordance with the traffic pattern illustrated on the diagram attached hereto as Exhibit "A" and made a part of the ordinance codified in this chapter.

4-13-22 Take-offs and landings.

(a) No aeronautical activity shall be conducted at the Turlock Municipal Airport or within the airport traffic area except in conformance with current Federal Air Regulations, State of California law and regulations, and this chapter.

(b) All initial takeoffs shall commence at the end of the runway unless cleared by the Airport Manager, or by an appropriate aircraft controlling agency if authorized by the Airport Manager.

4-13-23 Aircraft fueling and defueling.

(a) No aircraft shall be fueled or defueled while the aircraft engine is running or while the aircraft is in a hangar or other enclosed space.

(b) No smoking shall be permitted within fifty (50') feet of the aircraft or fuel track while the aircraft is being fueled or defueled.

(c) During fuel handling, no passenger shall be permitted in or on the aircraft unless a cabin attendant is stationed at or near the cabin door.

(d) All hoses, funnels and appurtenances used in fueling or defueling activities shall be equipped properly with a grounding device to prevent possible static ignition of volatile liquids. Such grounding devices shall be used during all fueling and defueling activities.

(e) During fuel handling activities, no person shall operate any radio transmitter or receiver, nor switch electrical appliances on or off in such aircraft, or within fifty (50') feet thereof.

(f) Every person engaged in aircraft fuel handling shall exercise due care to prevent the overflow or spilling of fuel.

(g) Fuel deliverers and/or operators must always remain in attendance during fueling or defueling.

(h) During fuel handling, no persons shall use any material or device which is likely to cause a static spark, within fifty (50') feet of such aircraft or fuel truck.

(i) Where there has been a fuel spill or leak, no person shall start the engine of any aircraft in close proximity until the spill or leak has been washed away. In event of such spills or leaks, the Airport Manager shall be notified.

(j) Fuel hoses and draining or defueling equipment shall be maintained in a safe, sound, and nonleaking condition.

4-13-24 Fuel dispensing and handling.

No person shall deliver aviation fuels to, or dispense such fuel from, at, or upon the airport without a permit from the Airport Manager. No fuel shall be stored anywhere on the airport except in tanks as may be approved by the Merced County Fire Department.

4-13-25 Vehicle operations.

(a) No person shall travel on any portion of the airport except upon the roads, walks, or places provided for the particular class of traffic, nor occupy the roads or walks in such manner as to hinder or obstruct their proper use.

(b) Motor vehicle traffic shall yield the right-of-way to aircraft.

(d) No person shall operate any motor vehicle on the Airport in excess of twenty (20) miles per hour except emergency vehicles responding to an emergency situation. On passenger loading ramps, in aircraft parking lots, and in areas immediately adjacent to hangars, speed shall not exceed ten (10) miles per hour. The speed limit on the Airport access road from highway or street shall be twenty-five (25) miles per hour.

(e) Vehicles shall not be parked on the airport other than in the manner and locations indicated by posted traffic signs and markings.

(f) Vehicles that are to be left unattended may be parked only in designated airport vehicle parking lots.

(g) Vehicles parked other than specified in subsections (e) and (f) above may be moved by airport personnel, and in such event a towing charge will be levied and paid prior to releasing the vehicles from impound. No liability for damages sustained by such vehicles during said movement will be charged to the City or any of its officers or employees.

(h) Motor vehicles shall not be driven on or across runways or other portions of aircraft operating areas without clearance from the Airport Manager.

(i) Motor vehicles shall not be driven or parked upon or within fifty (50') feet of aircraft parking areas, ramp areas, or aprons without express approval of the Airport Manager except airport maintenance or emergency vehicles, or fuel or service vehicles.

(j) No person may operate a motor vehicle or aircraft in or on any portion of the airport while under the influence of intoxicating liquor or drugs.

(k) No person may operate a motor vehicle on the airport without first obtaining insurance in the amount of One Hundred Thousand and no/100ths ($100,000.00) Dollars property, and Three Hundred Thousand and no/100ths ($300,000.00) Dollars liability coverage per incident.

4-13-26 Fire hazards.

(a) No person shall light or smoke any cigarette, cigar, or pipe, or similar object in the following airport areas:

(1) Within any hangar or fuel handling or storage areas;

(2) Within or upon any aircraft parking area or ramp;

(3) Inside any aircraft, whether such aircraft is parked or stored or within fifty (50') feet thereof;

(4) Within fifty (50') feet of any "No Smoking" sign.

(b) No person may use flammable liquids, solvents, or substances to clean any aircraft, engine, part, or accessory designed for that purpose and approved in writing by the Airport Manager. Such approval shall only be granted when the Airport Manager approves the ventilation provisions, fireproofing, and fire-extinguishing equipment.

(c) No person shall light or use any open flame for any purpose in any hangar or other building on the airport without the prior written consent of the Airport Manager.

(d) No person shall operate any electric or gas welding or cutting equipment anywhere on the airport without prior written approval of the Airport Manager and the Merced County Fire Department.

(e) No person shall clean or degrease any aircraft or part thereof except at or in a maintenance station properly equipped for such purposes, or in a space designated or authorized by the Airport Manager.

(f) No person shall store or stock any material or substance, permit such activities in or on the airport in such a manner or of such nature, as to constitute a fire hazard. No person shall keep, store or discard any flammable liquid, gas, signal flare, or other flammable material in any hangar, shop, building, room, enclosure, or other place on the airport except in areas specifically designated by the Airport Manager for such purposes.

(g) Tenants shall provide, and maintain in proper working order, adequate and readily accessible fire extinguishers. Each such extinguisher shall bear a suitable tag which indicates the most recent date of inspection or servicing. Extinguishers must be approved by the Merced County Fire Department.

4-13-27 Illegal activities.

No person shall:

(a) Take or use any aircraft, aircraft parts, instruments, or tools pertaining thereto, which are owned, controlled, or operated by any other person, while such aircraft parts, instruments, or tools, are stored or otherwise left on the Turlock Municipal Airport, or within its hangars, buildings, or facilities, without the written consent of the owner/operator thereof, except upon satisfactory evidence of the right to do so duly presented to the Airport Manager, or authorized by him, or so ordered by a court of competent jurisdiction.

(b) Land, takeoff, taxi, or otherwise operate any aircraft on, at, or from, the Turlock Municipal Airport when he knows such aircraft is not operating properly, or is equipped with any part or safety device which is defective or unsafe. Deviations from this restriction shall only be permitted by specific authorization from the Airport Manager or his designated representative. Nor shall any aircraft be operated on or at the airport, or on any runway thereof, when the airport or runway has been closed to traffic by the Airport Manager or other legal authority, and such closure has been indicated by the placement of an "X" at each end of the closed runway.

(c) Operate any aircraft or vehicle on, at, or in the vicinity (three (3) statute miles) of the Turlock Municipal Airport, in willful or wanton disregard for the safety of persons or property, whether his own or that of others.

(d) Engage in the sale of any goods, wares, merchandise, or services at or upon the airport without first having secured from the Airport Manager a permit therefor, and paying any required fees for such a permit.

4-13-28 Airport closure.

The Airport Manager is hereby directed and authorized to close the airport, or portions thereof, or suspend operations related to the landing, takeoff, or taxiing of aircraft during any period in which be or she determines that such operations, or their continuance, would be hazardous. Causes for such closure could include, but would not be limited to, adverse weather conditions, floods, runway maintenances or repairs, runway obstacles, fire, aircraft or other accident. Any such closure shall be effective only during such time as there is placed at each end of each runway so closed, a letter "X," in accordance with the Federal Aviation Administration Advisory Circular Number 150/5340-1F, paragraph 10, figures 9a and 9c. The Airport Manager shall immediately notify the appropriate flight service station and issue a Notice to Airman (NOTAM), advising of the closure.

4-13-29 Fees.

The City Council of the City shall establish by power of resolution fees and charges for various activities conducted at the Turlock Municipal Airport. Any activity for which the Council has not specifically established a fee or charge shall have a fee established by negotiation between the Airport Manager and the operator subject to approval by the City Council.

Delinquency of fees or charges. When fees or charges authorized by this chapter are more than thirty (30) days delinquent, the Airport Manager is hereby authorized to impound the subject aircraft until such fees and charges are paid. No aircraft so impounded may be removed without prior written approval of the Airport Manager.

In addition to all other remedies provided by law for the collection and enforcement of charges fees, the City shall have a lien upon aircraft for the storage, hangaring or tying down thereof. Whenever such lien is lost by reason of possession through trick, fraud or device, the repossession thereof by the City shall revive such lien. Any lien of the City upon aircraft for the storage, hangaring, or tying down thereof may be foreclosed in the same manner as is provided generally by the Civil Code of the State of California.

4-13-30 Penalties.

Any person, corporation, or entity operating or handling an aircraft in violation of these rules, or additional rules established by resolution or motion of the City Council, or refusing to comply therewith may be removed or ejected from the airport, or may be "grounded" by or under the authority of the Airport Manager which is hereby granted; and upon further order of the City Council may be deprived of further use of the airport and its facilities for such a length of time as may be deemed necessary to insure the safeguarding of the same and the public and its interest therein.

Misdemeanor. Any person who shall violate or refuse to abide by any of the provisions of this chapter or any of the rules and regulations of the City Council, or regulations of the City Council, or regulations adopted by the Airport Manager subject to the provisions of the ordinance, or reference or otherwise shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine not exceeding the sum of Five Hundred and no/100ths ($500.00) Dollars, or by imprisonment in the County Jail for not more than six (6) months, or by both such fine and imprisonment.

4-13-31 Subordinate to higher authority.

Notwithstanding anything in this chapter to the contrary, all federal, state, and Merced County regulations shall supersede all provisions of this chapter in conflict with such federal, state or county regulations.

Article 1. Aircraft Operation Within the City Limits

4-13-101 Purpose.

The provisions of this chapter are for the purpose of adopting aircraft regulations to be followed by all aircraft operating in or over (as defined by Section 4-13-102(c)) the City of Turlock to protect public health and safety on public and private property. The following provisions are in addition to the rules and regulations of the Federal Aviation Administration of the Government of the United States and the laws of the State of California, and in addition to any other regulations provided by law.

(745-CS, Enacted, 08/13/1991)

4-13-102 Definitions.

The following words, terms or phrases when used in this chapter shall have the meanings respectively ascribed to them by this section:

(a) "Aerial acrobatics" shall mean any manipulation of the controls of an aircraft which tends, or may tend, to divert the aircraft from a normal flight in a horizontal plane parallel to the surface of the earth, save and excepting only such manipulations of the controls as may be necessary to cause the aircraft to ascend or descend from one altitude to another, by means of a gradual ascent or descent with every consideration of stability and safety.

(b) "Aircraft" shall mean any human contrivance used or designed for navigation of, or flight in, the air. The term "aircraft" shall include, but is not limited to, any airplane, helicopter, ultralight vehicle, glider, balloon, parachute or other contrivance now known or hereafter invented, used or designed for navigation of, or flight in, the air.

(c) "Aircraft operating over the City" shall mean those aircraft in flight in that airspace up to two-thousand feet (2000') above the height of the highest building within the City limits.

(d) "Emergency landing" shall mean the actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons on board an aircraft in flight, the existence of which make it necessary to land an aircraft at an other than regularly established airport field or landing place.

(e) "Emergency rescue mission" shall mean the actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within the City, the existence of which make it necessary to land an aircraft at an other than regularly established airport field or landing place.

(f) "Executive Officer of the Airport Commission" shall mean that individual designated from time to time by resolution of the City Council of the City of Turlock.

(g) "Fly or flight" shall mean every kind of locomotion by an aircraft.

(h) "To land" shall mean the loading or unloading of person(s) and/or cargo between an airborne aircraft and the ground and/or body of water or a structure or other object located on the ground and/or body of water. The phrase "to land" also includes the touching of any part of an aircraft upon the ground and/or body of water or upon a structure or other object located thereon.

(i) "Person" shall mean any individual, firm, copartnership, corporation, company, association, joint-stock association, or body politic; and includes any trustee, receiver, assignee, or other similar representative thereof.

(j) "Regularly established airport field or landing place" shall mean only those sites for landing and/or take off of aircraft which are so designated by the City Council pursuant to the rules and regulations of the Federal Aviation Administration of the Government of the United States and the laws of the State of California.

(745-CS, Enacted, 08/13/1991)

4-13-103 Application of Federal and State law.

The rules and regulations promulgated by the Federal Aviation Administration of the Government of the United States and the laws of the State of California are in effect for all purposes and shall be followed by all aircraft operating in and over the City. The City Council of the City of Turlock hereby declares that if any provision recited in this chapter is more stringent than federal, state or county regulations, the provisions of this chapter shall apply.

(745-CS, Enacted, 08/13/1991)

4-13-104 Take off or landing of aircraft at other than established airports prohibited.

It shall be unlawful for any person to take off or to land any aircraft within the City limits other than at a regularly established airport field or landing place unless that person is on an emergency rescue mission or has obtained special permission from the Executive Officer of the Airport Commission as provided for in this chapter.

(745-CS, Enacted, 08/13/1991)

4-13-105 Altitude of flight.

It shall be unlawful for any person to operate an aircraft over the City at an altitude which violates any law or regulation of the government of the United States or of the State of California.

(745-CS, Enacted, 08/13/1991)

4-13-106 Aerial acrobatics.

It shall be unlawful for any person to engage in aerial acrobatics over any part or section within the City limits unless otherwise permitted by the Executive Officer of the Airport Commission pursuant to Section 4-13-110 of this article.

(745-CS, Enacted, 08/13/1991)

4-13-107 Dropping objects from aircraft.

It shall be unlawful for any person to cause to be dropped from any aircraft or anything attached thereto any articles or objects, unless special waiver has been issued by the Federal Aviation Administration of the Government of the United States and a special permit has been issued by the Executive Officer of the Airport Commission pursuant to Section 4-13-110 of this article.

(745-CS, Enacted, 08/13/1991)

4-13-108 Careless and reckless flying.

It shall be unlawful for any person to operate any aircraft over any part or section of the City in a careless or reckless manner so as to endanger the life or property of others. A careless or reckless manner is one that includes, but is not limited to, a disregard of or indifference to the consequences under the circumstances involving danger to life or safety of persons or property.

(745-CS, Enacted, 08/13/1991)

4-13-109 Permitted activities.

(a) Construction activities. This chapter shall not prohibit the take off or landing of a helicopter at a construction site for the purpose of handling building materials or equipment during construction activities, provided that written permission is first obtained from the Executive Officer of the Airport Commission as provided for in this chapter.

(b) Agricultural dusting, seeding or spraying. This chapter shall not prohibit agricultural dusting, seeding or spraying over the appropriate sections of the City or the exercise of aerial maneuvers incident to such operation of dusting, seeding or spraying, provided that written permission is first obtained from the Executive Director of the Airport Commission as provided for in this chapter.

(745-CS, Enacted, 08/13/1991)

4-13-110 Permitting process.

(a) The Executive Officer of the Airport Commission, upon written application, may allow operation of aircraft in exception to the provisions of this chapter subject to the terms and conditions as the Executive Officer may prescribe.

(b) Each applicant for such permission shall provide the Executive Officer of the Airport Commission with a written statement specifying the proposed aircraft operation, including the location, date and time, and type of proposed operation.

(c) Each applicant shall provide the Executive Officer of the Airport Commission with a copy of a Congested Area Plan as approved by the Federal Aviation Administration pursuant to Federal Aviation Administration rules and regulations.

(d) Each applicant shall provide the Executive Officer of the Airport Commission with proof of liability insurance naming the City of Turlock as an additional insured in amounts of not less than One Million and no/100ths ($1,000,000.00) Dollars property damage; One Million and no/100ths ($1,000,000.00) Dollars bodily injury; and One Million and no/100ths ($1,000,000.00) Dollars combined single limit, including personal liability.

(e) In determining whether to grant permission for the proposed aircraft operation, the Executive Officer of the Airport Commission shall consider weather conditions, the existence of obstructions in approach and departure paths, the proximity of the proposed aircraft activity to schools and other centers of activity, and other factors necessary to determine that the proposed operation can be conducted safely.

(745-CS, Enacted, 08/13/1991)

4-13-111 Appeal procedure.

(a) Each applicant shall have the right to appeal the decision of the Executive Officer of the Airport Commission, including permit refusal, and any terms or conditions placed on permit approval, in writing to the City Manager of the City of Turlock within five (5) days from the Executive Officer of the Airport Commission's decision.

(b) A hearing date shall be set not later than ten (10) days after the date the City Manager receives the applicant's appeal. The City Manager shall mail or otherwise deliver to the applicant at least five (5) days prior to the hearing a notice specifying the date, time and location of the hearing.

(c) The decision of the City Manager shall be made within ten (10) days from the date of the hearing and shall be mailed by first class mail or personally delivered to the applicant.

(d) Each applicant shall have the right to appeal the decision of the City Manager to the City Council. The applicant shall file any such appeal in writing with the City Clerk within five (5) days from the date of the City Manager's decision. The City Clerk shall place the appeal on the regularly scheduled City Council meeting immediately following the receipt of the applicant's appeal and shall notify the applicant of the date, time and location where the matter will be heard.

(745-CS, Enacted, 08/13/1991)

4-13-112 Penalties.

(a) It shall be unlawful for any person to violate any provision of this chapter or to fail to comply with any of the requirements of this chapter. Any person violating any of such provisions or failing to comply with any of such requirements of this chapter shall be guilty of a misdemeanor.

(b) Each person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this chapter is committed, continued or permitted by such person and shall be punishable accordingly.

(c) In addition to the penalties provided by this section, any condition caused or permitted to exist in violation of this chapter shall be deemed a public nuisance and may be summarily abated by the City, and shall be regarded as a new and separate offense.

(d) Any person convicted of a misdemeanor under the provisions of this chapter shall be punishable by a fine not to exceed One Thousand and no/100ths ($1,000.00) Dollars, or by imprisonment in the County Jail for a period not to exceed six (6) months, or by both such fine and imprisonment.

(e) Pursuant to California Government Code Section 38773.7, any person found in violation of the provisions of this chapter a second or subsequent time within a two-year period will be subject to treble damages, according to court order.

(745-CS, Enacted, 08/13/1991)