14.520 Aircraft Regulations – Penalties.

(1) Definitions. When used in this section:

Aeronautics means transportation by aircraft; air instruction; the operation, repair or maintenance of aircraft; and the design, operation, repair or maintenance of airports, landing fields, landing strips or other navigation facilities.

Aircraft means any contrivance now known or hereafter invented, used or designed for navigation of, or flight in, the air.

Civil aircraft means any aircraft other than a public aircraft.

Person means any individual or any corporation or other association of individuals, unless the context indicates otherwise.

(2) Flying Unlawful – Unlawful Landing – Limitations – Emergency. Flight in aircraft over lands and waters within the limits and jurisdiction of the City of Manitowoc is lawful, unless at such low altitude as to interfere with the then existing use to which the land or water, or the space over the land or water, is put by the owner, or unless so conducted as to be immediately dangerous or damaging to persons or property lawfully on the land or water beneath. The landing of an aircraft on the lands or waters of another, without his consent, is unlawful, except in case of a forced landing. (For damages caused by a forced landing, however, the owner or lessee of the aircraft or the aeronaut shall be liable, as provided in Wis. Stat. § 114.05.)

(3) Drunken or Drugged Operator – Reckless Flying – Standards – Report by Court – Penalty. No person shall, over or within the limits and jurisdiction of the City of Manitowoc, operate an aircraft in the air or on the ground or water while under the influence of intoxicating liquor, narcotics or other drug, nor operate an aircraft in the air, or on the ground or water over or within the limits and jurisdiction of the City of Manitowoc, in a careless or reckless manner so as to endanger the life or property of another. In determining whether the operation was careless or reckless the Court shall consider the standards for safe operation of aircraft as prescribed by Federal statutes or regulations governing aeronautics. The Court shall make a written report of all convictions (including bail or appearance money forfeitures) obtained under this section to the Federal Civil Aeronautics Administration.

Penalty. Any person violating any provision of this subsection (3) shall be fined not less than $10.00 nor more than $100.00 for the first offense and for a subsequent offense not less than $500.00 nor more than $500.00.

(4) Dropping Objects Prohibited – Exceptions. No operator of an aircraft and no passenger therein shall drop any object therefrom except loose water or loose sand ballast; provided, however, that this subsection shall not prohibit the dusting or spraying of vegetation with insecticides dropped from airplanes, or the sowing of seeds, or the depositing of fish in lakes or streams, or the delivery of packages or mail by dropping from airplanes, or other similar practices, when such is done in accordance with the Federal regulations applicable thereto.

(5) Killing Birds or Animals – Penalty. Any aeronaut or passenger who, while in flight over and within the limits of the City of Manitowoc, shall intentionally kill or attempt to kill any bird or animal or who shall shoot at any bird or animal from airplane shall be fined not less than $50.00 nor more than $100.00.

(6) Pilots – Federal License or Permit – Exceptions. No person shall, over or within the limits and jurisdiction of the City of Manitowoc, operate or pilot any civil aircraft, unless such person is the holder of a currently effective pilot’s license or student’s permit issued by the government of the United States, but this restriction shall not apply to any person operating any aircraft licensed by a foreign country with which the United States has a reciprocal agreement covering the operation of such licensed aircraft.

(7) Mechanic’s License – Issue – Presentation. Any person repairing, adjusting, inspecting or overhauling aircraft or aircraft engines within the limits of the City of Manitowoc shall be in possession of a mechanic’s license issued to him by the Department of Commerce of the United States, which license must be presented for inspection upon demand of any passenger, peace officer or any official, manager or person in charge of any airport or landing field in the City of Manitowoc.

(8) Aircraft – Airworthiness – Federal License – Exceptions. No person shall operate, pilot or navigate, or cause or authorize to be operated, piloted or navigated, over or within the limits and jurisdiction of the City of Manitowoc any civil aircraft, unless such aircraft has a currently effective license issued by the government of the United States, but this restriction shall not apply to aircraft licensed by a foreign country with which the United States has a reciprocal agreement covering the operations of such licensed aircraft, or to a nonpassenger-carrying flight solely for inspection or test purposes authorized by the United States to be made without such license.

(9) Possession and Display of Licenses and Permits – Inspection – Burden of Proof – Evidence of Nonissuance. The certificate of the license or permit respectively required of a pilot or a student shall be kept in the personal possession of the licensee or permittee when he or she is operating an aircraft over or within the limits of the City of Manitowoc. The certificate of the license required for an aircraft shall be carried in the aircraft at all times and shall be conspicuously posted therein in clear view of passengers. Such certificate of pilot’s license, student’s permit or aircraft license shall be presented for inspection upon demand of any passenger, any peace officer of the City, any authorized official, or any official, manager or person in charge of any airport in the City upon which it shall land, or upon the reasonable request of any other person. In any prosecution under any of the provisions of this section, a defendant who relies upon a license or permit of any kind shall have the burden of proving that he is properly licensed or is the possessor of a proper license or permit. The fact of nonissuance of such license or permit may be evidenced by a certificate signed by the official having power of issuance or that official’s deputy, under seal of office, stating that a diligent search has been made of the records of his or her office and that from the records it appears that no such license or permit was issued.

(10) Penalties. Any person failing to comply with the requirements or violating any of the provisions of subsections (2), (4), (6), (7), (8) and (9) of this section shall be fined not more than $500.00.

(See also Article VIII, Section 10, Wisconsin Constitution, and the titles: Aeronautics, Aeronautic Commission and Airports, Wisconsin Statutes – General Index.)

[Prior code § 14.30]