Ordinance Number 326ORDINANCE NO. 326
REGULATING AIRPORT USE
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, DEFINING AND REGULATING THE USE AND
HOURS OF OPERATION OF THE CAPISTRANO AIRPORT
RUNWAY AND TAXIWAY, AND REPEALING ORDINANCE NO.
304
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The City Council does hereby find and
determine that:
A. The runway and taxiway of the Capistrano Airport
is capable of accommodating only certain light
aircraft of limited weight, size and power.
B. Because of the existence of residences within and
along the normal takeoff pattern, pilots are
required to execute a climbing left turn following
the flood control channel, and must begin the turn
at a lower altitude than normally expected at
other airports.
C. Transient pilots are typically not familiar with
the runway limitations and requirements.
D. The public health, safety and welfare, accordingly,
requires that the use of the Capistrano Airport
runway and taxiway by the general public be
strictly regulated.
SECTION 2. Use of Capistrano Airport. The runway and
taxiway of Capistrano Airport shall be open to the general public
solely for business and pleasure flights in accordance with the
provisions of this Ordinance.
SECTION 3. Landing and Trip Permits.
A. A monthly base landing permit shall be required for
all aircraft using the City runway and/or taxiway,
and the fee for the base landing permit shall be
set by resolution of the City Council.
B. All aircraft shall pay a trip permit fee for every
landing upon the runway, and the fee for the trip
permit shall be as set by resolution of the City
Council.
SECTION 4. Records Required.
A. The airport operator shall monthly provide the City
with a current list of all aircraft owners, and the
identification numbers of their aircraft, that are
either using or renting space adjacent to the runway
or taxiway.
B. All pilots, before taking off, shall file a trip
plan with the City.
C. All pilots, after landing, shall file a landing
report with the City.
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SECTION 5. Prohibited Landings and Takeoffs.
A. No aircraft shall use the runway for "touch and go"
landings, or for any other purpose except landings
and takeoffs.
No aircraft shall use the runway or taxiway
for any commercial activity except:
(a) Business trips by owners in their own aircraft.
(b) Flight instruction by Capistrano Flying Service,
unless and/or until such commercial activity is
prohibited by the City.
(c) Plane rentals.
In no event, however, shall banner towing, cropdusting,
cargo or passenger transport, fish spotting, and
flight instruction, except as hereinabove stated, be
permitted.
No aircraft shall use the runway or taxiway for any
purpose, if the aircraft has a maximum gross weight
in excess of 5,000 pounds or is powered by a jet
engine; or is twin engined; or has a gross horsepower
of more than 300 horsepower.
SECTION 6. Hours of Operation. No aircraft shall land
on or take off from the runway before dawn or 7:00 a.m., whichever
is later, or after dark or 8:00 p.m., whichever is earlier.
SECTION 7. Departure Pattern.
After a takeoff to the southwest on Runway 23, all
aircraft shall proceed straight ahead to the flood
control channel, and then execute a left turn,
following the center of the flood control channel
towards the ocean at the best rate of climb until
outside the City limits or above one thousand feet
elevation.
After a takeoff to the northeast on Runway 5, all
aircraft shall execute a climbing left turn at the
best rate of climb, and either follow the center of
Interstate 5 in a northerly direction or follow
the center line of San Juan Creek in an easterly
direction, until outside the City limits or above
one thousand feet elevation.
SECTION 8. Landing Pattern Elevation. The landing
pattern elevation is one thousand feet. Aircraft
shall not descend below one thousand feet elevation
except to land. Circling of the airport after
descending below the landing pattern elevation is
prohibited unless necessitated by air and ground
traffic conditions.
SECTION 9. Revocation of Landing Permit.
Upon a determination by the City Manager that an
aircraft has been operated in violation of any of
the provisions of this Ordinance, the owner and/or
pilot of the aircraft shall be issued a warning
citation stating that any future violation will
result in a permanent revocation of permission to
land at the Capistrano Airport.
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B. Upon a determination by the City Manager that an
additional violation of any of the provisions of
this Ordinance has occurred after a warning citation,
the owner and/or pilot of the aircraft shall be
notified that any landing permit for that aircraft
has been revoked, and future permission to land
at the Capistrano Airport shall be denied.
C. The landing permit shall be surrendered to the
City Manager upon a determination of the second
violation as provided in Section 9-B hereinabove.
D. A warning citation or the revocation of a landing
permit shall be in addition to any penalties as
provided in Section 12 hereinafter.
SECTION 10. Exemptions. Aircraft are exempt from the
provisions of this Ordinance during a bonafide emergency, or with
the prior approval of the City Manager.
SECTION 11. Enforcement. It shall be the duty of the
City Manager to enforce this Ordinance. Landing permits, records,
trip plans, landing reports, and other forms shall be as prescribed
by him.
SECTION 12. Penalty. Any person violating any of the
provisions of this Ordinance shall, upon conviction thereof, be
punished by a fine not to exceed Five Hundred Dollars ($500.00),
or by imprisonment not to exceed six (6) months, or by both such
fine and imprisonment.
SECTION 13. Severance Clause. The provisions of this
Ordinance are declared to be severable and if any Section,
sentence, clause or phrase of this Ordinance shall for any reason
be held to be invalid or unconstitutional, such decision shall not
affect the validity of the remaining sections, sentences, clauses
and phrases of this Ordinance but they shall remain in effect,
it being the legislative intent that this Ordinance shall stand
notwithstanding the invalidity of any part.
SECTION 14. Repeal ofConflicting Ordinances. All
ordinances or parts of ordinances inconsistent with the provisions
of this Ordinance, be and the same are hereby repealed.
SECTION 15. Effective Date. This Ordinance shall take
effect and be in force 30 days after its passage.
SECTION 16. The City Clerk shall certify to the
adoption of this Ordinance and cause the same to be posted in the
duly designated posting places within the City of San Juan
Capistrano within 15 days after its passage.
PASSED, APPROVED AND ADOPTED, this 20th day of
July , 1977, by the following vote, to wit:
AYES: Councilmen Sweeney, McDowell, Friess,
and Mayor Heckscher
NOES: Councilman Nash
ABSENT: None
YVON O. HECRSCHER, MAYOR
ATTEST:
CITY CLERK
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