Chapter 9.68
AIRCRAFT OPERATION OVER FIRCREST

Sections:

9.68.010    Aircraft defined.

9.68.020    Acrobatic flying defined.

9.68.030    Exceptions to regulations.

9.68.040    Operator’s licenses.

9.68.050    Minimum height limits.

9.68.060    Use of liquor, narcotics – Reckless, careless operation.

9.68.070    Conformance with federal authority.

9.68.080    Acrobatic flying prohibited.

9.68.090    Landing at other than established airport prohibited.

9.68.100    Night operation equipment.

9.68.110    Noise restrictions.

9.68.120    Dropping objects.

9.68.130    Loudspeaking devices.

9.68.140    Penalty for violation.

9.68.150    Severability.

9.68.010 Aircraft defined.

The term “aircraft” as used in this chapter means any contrivance now known or hereafter invented, including balloons, airplanes, hydroplanes, helicopters and other similar or dissimilar vehicles used or designed for navigation of or flight through the air, but excluding parachutes or other contrivances designed and used primarily as safety equipment. (Ord. 485, 1964; Ord. 122 § 1(a), 1948).

9.68.020 Acrobatic flying defined.

The term “acrobatic flying” as used herein means any intentional airplane maneuver or stunt not necessary to air navigation, or operation of aircraft in such manner as to endanger human life or safety by the performance of unusual or dangerous maneuvers. (Ord. 485, 1964; Ord. 122 § 1(b), 1948).

9.68.030 Exceptions to regulations.

The provisions of this chapter shall not apply to public aircraft of the federal government, or of a state, or territory, or of a political subdivision of a state or territory, or to aircraft licensed by a foreign country with which the United States has a reciprocal agreement covering operation of such aircraft. (Ord. 122 § 2, 1948).

9.68.040 Operator’s licenses.

No person shall operate any aircraft within or over the corporate limits of the city of Fircrest unless such person has an appropriate effective certificate, permit, rating or license issued by the United States authorizing him to engage in the particular class of aeronautics in which he is engaged and unless such aircraft has an appropriate effective certificate, permit or license issued by the United States. (Ord. 122 § 4, 1948).

9.68.050 Minimum height limits.

No person, firm or corporation shall fly or permit or cause any aircraft to be flown over any part of the city of Fircrest at an altitude of less than 1,000 feet, except while taking off or landing at an established landing field or airport and except while taking off or landing on the waters of Puget Sound. The provisions of this section may be deviated from when special circumstances render a departure necessary to avoid immediate danger or when such departure is required because of stress of weather conditions or other unavoidable cause. Upon application to the mayor, or some city official designated by him, permission may be granted to make special flights over the city of Fircrest at an altitude of less than 1,000 feet for the purpose of taking photographs or of participating in a public celebration or occasion. Such permission shall be limited to individual flights, and shall clearly state the day, date, occasion or time for which it is granted. (Ord. 122 § 3, 1948).

9.68.060 Use of liquor, narcotics – Reckless, careless operation.

It shall be unlawful for any person to operate an aircraft in the air, or on the ground or water, while under the influence of intoxicating liquor, narcotics or other habit-forming drug, or to operate an aircraft in the air or on the ground or water, in a careless manner so as to endanger the life or property of another. In any proceeding charging careless or reckless operation of aircraft in violation of this section, the court in determining whether the operation was careless or reckless may consider the standards for safe operation of aircraft prescribed by federal statutes or regulations governing aeronautics. (Ord. 122 § 5, 1948).

9.68.070 Conformance with federal authority.

No person shall operate any aircraft over or within the city of Fircrest in violation of any valid air traffic or other rule or regulation established by the Federal Aviation Agency. (Ord. 122 § 6, 1948).

9.68.080 Acrobatic flying prohibited.

Acrobatic flying by any person flying over any portion of the city of Fircrest is hereby prohibited. (Ord. 122 § 7, 1948).

9.68.090 Landing at other than established airport prohibited.

Except in case of emergency, no person shall land any aircraft within the corporate limits of the city of Fircrest, except upon a regularly established airport, field or landing place. (Ord. 122 § 8, 1948).

9.68.100 Night operation equipment.

All aircraft when flying within or over the corporate limits of the city at night shall have lights and other equipment required for such flying by the rules, regulations or orders of the Federal Aviation Agency. (Ord. 122 § 9, 1948).

9.68.110 Noise restrictions.

Unnecessary noise by operators of aircraft within or over the corporate limits of the city is prohibited. (Ord. 122 § 10, 1948).

9.68.120 Dropping objects.

No person in any aircraft shall cause or permit to be thrown out, discharged or dropped within the corporate limits of the city any object or thing, except loose water or loose sand ballast when absolutely essential to the safety of the occupants of the aircraft. (Ord. 122 § 11, 1948).

9.68.130 Loudspeaking devices.

No person shall operate a loudspeaking device from any aircraft flying within or over the corporate limits of the city. (Ord. 122 § 12, 1948).

9.68.140 Penalty for violation.

Any person, firm or corporation violating any provision of this chapter shall be guilty of a misdemeanor. (Ord. 987 § 26, 1991; Ord. 834 § 26, 1986; Ord. 122 § 13, 1948).

9.68.150 Severability.

It is the intention of the city council that each separate provision of this chapter shall be deemed independent of all other provisions herein, and it is further the intention of the city council that if any provision of this chapter be declared invalid, all other provisions thereof shall remain valid and enforceable. (Ord. 122 § 14, 1948).