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SEC. 31-9.   KITES AND MOORED BALLOONS PROHIBITED NEAR AIRPORTS.
   (a)   In this section:
      (1)   BALLOON means a lighter-than-air aircraft that is not engine driven.
      (2)   KITE means a framework covered with paper, cloth, plastic metal, or other material intended to be flown at the end of rope, cable, wire, twine, or string and having as its only support the force of the wind moving past its surface and includes a gyro- glider attached by a towline to a vehicle on the surface of the earth.
      (3)   MOORED BALLOON means a balloon that is secured by a rope, cable, wire, twine, or string to the surface of the earth or an object on the surface of the earth.
   (b)   A person commits an offense if he:
      (1)   operates a moored balloon having a diameter of less than six feet or a gas capacity of less than 115 cubic feet, or flies a kite weighing less than five pounds, in the airport approach, turning, or transition zone of Dallas Love Field or Dallas Executive Airport, as shown on the airport zoning maps (L-1 and R-1), which are incorporated into this section by reference and maintained on file in the office of the city secretary;
      (2)   operates a moored balloon having a diameter of less than six feet or a gas capacity of less than 115 cubic feet, or flies a kite weighing less than five pounds, in the airport approach, turning, or transition zones of a private airport in the city; or
      (3)   operates a moored balloon having a diameter of more than six feet or a gas capacity of more than 115 cubic feet, or flies a kite weighing more than five pounds, within the city in the following circumstances:
         (A)   closer than 500 feet to the base of a cloud;
         (B)   at an altitude of more than 500 feet above the surface of the earth;
         (C)   from an area where the ground visibility is less than three miles; or
         (D)   within five miles of the boundary of an airport within the city.
   (c)   It is a defense to prosecution under Subparagraph (3) of Subsection (b) of this section if the operation of the moored balloon or kite is below the height and within 250 feet of a structure, if the operation does not obscure lighting on the structure.
   (d)   The operation of a moored balloon or kite in violation of this section is an air navigation hazard and a nuisance in that it obstructs the air space required for the flight of aircraft or is hazardous to the landing or taking off of aircraft, and the chief of police may abate the operation. (Ord. Nos. 14971; 24859)