Ordinance Number 823 (2)335
ORDINANCE NO. 825
REGULATION OF HELICOPTER AND OTHER LANDINGS
AN ORDINANCE OF THE CITY OF SAN IT CAPISTRANO, CALIFORNIA,
PROHIBITING HELICOPTER AND OTHER LANDINGS WITHIN THE CITY
BOUNDARIES BY ADDING CHAPTER 29, 'REGULATION OF HELICOPTER
AND OTHER LANDINGS," TO TITLE 5 OF THE MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Code Amendment.
Chapter 29, entitled 'Regulation of Helicopter Landings and Other Landings," is
hereby added to Title 5, "Public Welfare," of the San Juan Capistrano Municipal Code to read as
follows:
"CHAPTER 29
REGULATION OF HELICOPTER LANDINGS AND OTHER LANDINGS
Sec. 5-29.01 Findings and Intent.
The City Council hereby finds that the landing of any helicopter (excluding police
and fire public safety landings), or other objects such as airplanes or hot air balloons, anywhere
within the corporate City boundaries is a public nuisance by reason of the potential safety hazards,
noise pollution, and adverse aesthetic impacts arising from such landings.
"Landing" is also defined to include the hovering of helicopters in close proximity
to the ground for purposes of loading equipment or other materials onto the ground, structures, or
buildings.
Sec. 5-29.02 Helicopter Landings and Other Types of Landings Prohibited.
Based upon the findings set forth in Section 5-29.01, the landing of any helicopter
(excepting police and fire public safety landings) or any other object, such as airplanes or hot air
balloons, anywhere within the corporate City boundaries is hereby prohibited.
However, any person desiring to use a helicopter in a hovering manner for the
purpose of loading equipment or other materials onto the ground, structures, or buildings may apply
to the City Manager for a permit, which shall be evaluated by the City Manager on a case-by-case
basis. The City Manager is authorized to impose conditions on the permit to mitigate any potential
health and safety hazards from such activity."
336
SECTION 2. Severability.
If any chapter, article, section, subsection, subdivision, sentence, clause, phrase or
portion of this Ordinance, or the application thereof to any person, is for any reason held to be
invalid or unconstitutional by the decision ofany court ofcompetent jurisdiction, such decision sh411
not affect the validity of the remaining portion of this Ordinance or its application to other persons.
The City Council hereby declares that it would have adopted this Ordinance and each chapter,
article, section, subsection, subdivision, sentence, clause, phrase or portion thereof, irrespective of
the fact that any one or more subsections, subdivision, sentences, clauses, phrases or portions of the
application thereof to any person, be declared invalid or unconstitutional. No portion of this
Ordinance shall supersede any local, state or federal law, regulation or codes dealing with life safety
factors.
SECTION 3. Effective Date.
This Ordinance shall take effect and be in force thirty (30) days after its passage.
SECTION 4. City Clerk's Certification.
The City Clerk shall certify to the adoption of this Ordinance and cause the same to
be posted at the duly designated posting places within the City and published once within fifteen (15)
days after passage and adoption as required by law; or, in the alternative, the City Clerk may cause
to be published a summary of this Ordinance and a certified copy of the text of this Ordinance shall
be posted in the Office of the City Clerk five (5) days prior to the date of adoption of this Ordinance;
and, within fifteen (15) days after adoption, the City Clerk shall cause to be published the
aforementioned summary and shall post a certified copy of this Ordinance, together with the vote
for and against the same, in the Office of the City Clerk.
PASSED, APPROVED AND ADOPTED this 15th day of
September 1998.
ATTEST:
&Lm -ed -"
CITY CL
2-
JJ/
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano, California,
DO HEREBY CERTIFY that the foregoing is a true and correct copy of Ordinance No.
825 which was introduced at a meeting of the City Council of the City of San Juan
Capistrano, California, held on September 1 , 1998, and adopted at a meeting
held on September 15 , 1998, by the following vote:
AYES: Council Members Swerdlin, Greiner, Hart, Campbell
and Mayor Jones
NOES: None
ABSTAIN: None
ABSENT: None
(SEAL) (?�
CHERYL JOH990N, ' ITY CLERK
3-