§ 3-46 FAA APPROVAL REQUIRED.

   No person shall own, control or operate any landing field of any kind within the city without first securing written authorization from the Federal Aviation Administration and the city. This provision shall not apply to those airfields operated prior to June 7, 1983. All flight operations shall be conducted in accordance with current Federal Aviation Administration rules and regulations.

(1964 Code, § 4-16) (Ord. 8840, § 1, passed 6-7-1983)

§ 3-47 LICENSE—REQUIRED; APPLICATION.

   Any person desiring permission to operate a landing field within the city shall file with the director of aviation a written, sworn application for a landing field license, which application shall state:

   (a)   The location and size of the area proposed to be used as a landing field;

   (b)   Whether or not such field has been approved for operation by the Federal Aviation Administration, and for what purposes;

   (c)   If the applicant is an individual, the length of time he or she has been a resident of the city, the nature of the business in which he or she has been engaged for the past five years, and such other information as may be pertinent to show that he or she is a competent and reliable person to engage in the business of maintaining a landing field;

   (d)   If the applicant is a firm, association or partnership, all of the information prescribed in subsection (c) of this section as to each individual composing the firm, association or partnership;

   (e)   If the applicant is a corporation, that the applicant is organized and chartered under the corporation laws; and

   (f)   If the application is for a heliport, applicant shall pay a fee in the amount of $200 at the time of filing of the application, for services rendered by the aviation department in processing heliport license applications. No application will be considered until the fee is paid.

(1964 Code, § 4-17) (Ord. 8840, § 1, passed 6-7-1983; Ord. 10534, § 1, passed 2-27-1990)

Cross-reference:

   Licenses and miscellaneous business regulations, see Ch. 20

§ 3-48 SAME—APPROVAL PROCEDURE.

   No approval shall be granted under this article by the director unless it shall appear, upon investigation of the application, that the premises desired to be used for the purpose of operating a landing field strictly comply with all the laws of the state, the United States and the provisions of this code, and that the applicant has obtained full approval from the Federal Aviation Administration of such applicant’s proposed landing field. Before recommending approval of any application, the director shall submit such application to the director of transportation and public works, the zoning board of adjustment and the chief of the fire department in order to ascertain if the proposed facilities would comply with the requirements of their respective departments or activities. Such officers and agencies shall note their approval or disapproval upon the request. The application shall then be passed to the aviation advisory board for their inspection and they shall note their recommendations on the application. The director shall then bring the application as soon as feasible before the city council. The city council shall then, upon hearing, grant or reject the application.

(1964 Code, § 4-19) (Ord. 8840, § 1, passed 6-7-1983; Ord. 10953, § 9, passed 11-12-1991)

§ 3-49 SAME—REVOCATION; HEARING.

   If a landing field operated under provisions of this article is not being conducted in accordance with the laws of the United States, the state, the provisions of this code or other ordinances of the city, or is being conducted in violation of such laws and regulations, the director may at any time give notice in writing to the licensee or other person in control of the operation and maintenance of such landing field, to show cause why the permission issued for the operation of such landing field should not be revoked and canceled. Such notice to show cause shall become effective as a cancellation after the expiration of ten days from the date of service of same upon the operator or the person in charge of such landing field unless, on or before the expiration of ten days, the licensee or the person in charge of such landing field files with the city secretary a written appeal, addressed to the city council, in which it is requested that the council grant him or her a hearing upon the question of whether or not the permit or license issued by the city shall be canceled and revoked. Such appeal, if made and filed as prescribed in this section, shall operate as a stay or postponement of such revocation and cancellation of the permit issued until such time as the council shall grant a hearing and make a final determination upon the question of whether or not such permit or license should be canceled. Such hearing shall be held within 30 days after the date of the filing of such appeal. The action of the council, after hearing the evidence and facts, shall be final and conclusive as to all parties.

(1964 Code, § 4-20) (Ord. 8840, § 1, passed 6-7-1983; Ord. 10953, § 9, passed 11-12-1991)

§ 3-50 LIMITATION OF APPROVAL.

   The granting of approval under the terms of this article shall in no event be construed as the granting or conferring of any vested right to the operator, but shall be subject to revocation or cancellation as provided for in § 3-49.

(1964 Code, § 4-18) (Ord. 8840, § 1, passed 6-7-1983)

§ 3-51 RESERVED.

Editor’s note:

   Ord. 14030, § 1, adopted Dec. 21, 1999, repealed § 3-51 which pertained to records to be kept; inspection. See the Code Comparative Table.

§§ 3-52—3-65 RESERVED.