Ordinance No. 773ORDINANCE NO. �,3
AN ORDINANCE REGULATING THE OPERATION OF AIRCRAFT
OVER THE CITY OF BAYTOVAq; REPEALING ORDINANCES IN-
CONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE;
PRESCRIBING A MAXIMUM PENALTY OF Ti`�O HUNDRED DOL-
LARS ($200.00) AND PROVIDING FOR THE PUBLICATION
AND EFFECTIVE DATE THEREOF.
r►HEREAS, it is necessary to the safety, health, life and
general welfare of the inhabitants of the City of Baytown, that
aircraft flying within the corporate limits of the City of Bay-
town be regulated in order to prevent ever present danger to the
safety, health, life and general welfare of said inhabitants;
NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOVIN:
Section 1: Definitions:
(a) Aircraft: The term "aircraft" as used in this ordin-
ance means any aeroplane, airplane, gas bag, flying machine,
balloon, any contrivance now known or hereafter invented, used or
designed for navigation of or flight in the air, except a para-
chute or other contrivance used primarily as safety equipment.
(b) Acrobatic Flying: The term "acrobatic flying" as use -I
herein means any intentional airplane maneuver or stunt not neces-
sary to air navigation, or operation of aircraft in such manner
as to endanger human life or safety by the performance of unusu-_;1
or dangerous maneuvers.
Section 2: Aircraft Owned by the Government, or Licensed
by__Foreign_wGov_ernments: The provisions of this ordinance 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.
Section 3: Minimum Height Limits for Aircraft: Except
while taking off or landing at an established landing field or
airport, no person, firm or corporation shall fly or permit any
aircraft to be flown over the corporate limits of the City of Bay-
town, except at a height sufficient to permit a reasonable safe
emergency, which in no case shalt be less than 1500 feet or 1500
feet above any object within 2000 feet of the affected plane,
whichever is greater, provided that the provisions of this section
may be deviated from when special circumstances render a depart-
ure necessary to avoid immediate danger or when such departure is
required because of stress of weather conditions or other unavoid-
able cause.
Section 4: Operators of Aircraft to be
son shall operate any aircraft within or over
of the City of Baytown unless such person has
an airman certificate by the Civil Aeronautic
a current medical certificate and unless such
first received a certificate of airworthiness
nautics Authority.
Licensed; No per-
the corporate limits
first been issued
s Authority and holds
aircraft shall have
from the Civil Aero --
Section 5: Operation of Aircraft to be Subject to Air
Traffic Rules of Federal Civil Aeronautics Authority: No person
shall operate any aircraft over or within the City of Baytown in
violation of any valid air traffic or other rule or regulation
established by the Civil Aeronautics Authority.
Section 6: Acrobatic Flying and Parachute Jumping Prohibi-
ted: Acrobatic flying and parachute jumping by any person fly-
ing over any portion of the City of Baytown is hereby prohibited
except in case of emergency.
Section 7: Landing at Other than Established Airport Pro-
hibited: Except in case of emergency, no person shall land any
aircraft within the corporate limits of the City of Baytown ex-
cept upon a regularly established airport field, or landing place.
Section 8: Lights for Night Operation of Aircraft: All
aircraft when flying within or over the corporate limits of the
City of Baytown at night, shall have lights and other equipment
required for such flying by the rules, regulations or orders of
the Civil Aeronautics Authority.
Section 9: Noise b Aircraft D eration: Unnecessary noise
by operators of aircraft within or over the corporate limits of
the City of Baytown is hereby prohibited.
Section 10: Dropping Objects from Aircraft Prohibited: No
person in any aircraft shall cause or permit to be thrown out,
discharged or dropped within the corporate limits of the City of
Baytown any object or thing, except loose water or loose sand
ballast when absolutely essential to the safety of the occupants
of the aircraft and except as provided by Section 11 of this or-
dinance.
Section 11: Permits Re aired for Exhibition Fli hts,
Carrying of Banners Distribution of Circulars Loud S eakin De-
vices and Carrying Explosives: No person shall make exhibition
flights by carrying or towing banners on or from any aircraft,
distributing circulars from or operating a loud speaking device
from any aircraft flying within or over the corporate limits of
the City of Baytown, without first obtaining a permit to do so
from the City Clerk and City i,ianager and payment of a permit fee
of 4')5.00 per day. The City Clerk shall issue such permit if the
person who will operate the aircraft, in carrying out any of the
objects named in this section, is duly licensed by the Civil Aero-
nautics i%uthority and has a valid medical certificate; the air-
craft to be used is licensed by the Civil Aeronautics authority
and has a valid airworthiness certificate, and the safety or lives
of the inhabitants of the City of Baytown will not be endangered
by the proposed flight. Provided that the permits provided for
in this section may be issued by the City Clerk and City Manager
for periods of not longer than six months, rather than for daily
flights, if the safety or lives of the inhabitants of the City
of Baytown will not be endangered by such permit and a permit
fee of :025.00 is paid. Provided that such six months' permit
shall be revoked by the City iianager upon violation of any provi-
sion of this ordinance.
Section 12: Repealing Clause: All ordinances or parts of
ordinances inconsistent with the terms of this ordinance are here-
by repealed; provided, however, that such repeal-shall be only to
the extent of such inconsistency, and in all other respects this
ordinance shall be cumulative of other ordinances regulating and
governing the subject matter covered by this ordinance.
Section 13: Savings Clause: if any provision, exception,
section, paragraph, sentence, clause or phrase of this ordinance
or the application of same to any person or set of circumstances
shall for any reason be held unconstitutional, void or invalid,
such invalidity shall not affect the validity of the remaining
provisions of this ordinance or their application to other per-
sons or sets of circumstances and to this end all provisions of
this ordinance are declared to be severable.
Section 14: Penalty: Any violation of any of the terms
of this ordinance, whether herein denominated as unlawful or not,
shall be deemed a misdemeanor, and any person convicted of any
such violation shall be fined in a sum not exceeding Two Hundred
($200.00) Dollars.
Section 15: Effective Date: This ordinance shall take
effect from and after ten days from its passage by the City Coun-
cil. The City Clerk is hereby directed to give notice hereof by
causing the caption of this ordinance to be published in the of-
ficial newspaper of the City of Baytown at least twice within ten
days after the passage thereof.
INTRODUCED, RLAD and PASS D by the affirmative vote of a
majority of the City Council on this the 27th day of January,
1966.
ATTEST:
r
Edna Oliver, City Clerk
APPROVED AS TO FORM:
�J_L& _a0A /I- C'�WC,C.�CS[��
George Ch ndler, City Attorney
Seaborn Cravey, t.iay