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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. -1- 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. -2- � I 1 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 -3-