(A)   As proprietor of the Pompano Beach Air Park, the City, by its City Commission, is empowered to restrict or deny the use of its Air Park based upon noise considerations and finds it is in the public interest to minimize any risk of potential liability to the City for claims of damage caused by noise associated with aircraft operations at Pompano Beach Air Park.  This chapter reflects the intent of the City Commission to enact a reasonable regulatory scheme, using the legislative process, to minimize noise and any potential for damage liability, which does not unjustly discriminate between types, kinds or classes of aeronautical uses.
   (B)   The privilege of using the Pompano Beach Air Park and its facilities, and flying to, from, or over it shall be, at all times, conditioned upon the assumption of full responsibility and risks taken therefore by every person exercising or taking advantage of the privilege.  Every person shall, at all times, release, and indemnify the city from any and all responsibility, liability, loss, or damage resulting to the person or the person's property or caused by or on that person's behalf or incident to the manner in which the Pompano Beach Air Park is operated, constructed, or maintained.
   (C)   The use of the Pompano Beach Air Park or its facilities by any person for any purpose, or the paying of any fees therefore, or the taking off or landing thereupon, shall be itself an acknowledgment that the person accepts the privileges and the conditions herein set forth and acknowledges that the Pompano Beach Air Park and its facilities are maintained and operated by the city in a governmental capacity.  Any aircraft operator or person desiring to use Pompano Beach Air Park for aeronautical purposes shall be authorized, pursuant to this chapter, to engage in such use provided that all such aircraft are in compliance with all standards as set forth in this chapter.
(Ord. 95-79, passed 7-18-95)