A. This chapter is adopted pursuant to the authority conferred by Idaho Code 1 . It is hereby stated that certain constructions or structures may constitute hazards to aerial operation and navigation, and such hazards may endanger the lives and/or property of users of the City of Rigby Airport. Additionally, if the construction or structure in effect reduces the size of the area available for taking off, maneuvering, and landing of aircraft, the construction and/or structure destroys or impairs the utility of Federal airspace, the airport and the public investment therein.
B. It is further found that certain activities and uses of land in the immediate vicinity of the airport are not compatible with normal airport operations, and may, if not regulated, also endanger the lives of the participants, adversely affect their health, or otherwise limit the accomplishment of normal activities. Accordingly, it is declared:
1. That the creation or establishment of an airport hazard is a public nuisance and injury to the region served by the City of Rigby Airport;
2. That it is necessary in the interest of the public health, public safety, and general welfare that the creation or establishment hazards to the airport be prevented;
3. That the prevention of these hazards should be accomplished, to the extent legally possible, by the exercise of the police powers without compensation;
4. That appropriate notice be given to property owners, buyers, or sellers within a reasonable operating radius of the airport, informing them that the airport exists. That airport operations may occur at all hours of the day or night throughout the calendar year, and person(s) within that operating radius should not expect relief from reasonable airport operation. The City of Rigby Airport Board subscribes to the following: "Fair Disclosure Statement" the statement means a notification to prospective buyers of property near or adjacent to the airport that they may be exposed to potentially impactive levels of aircraft overflights. These statements in no way abrogate an individual's right to take later action against the airport, but rather give the buyer a fair notice. Use of a Fair Disclosure Statement is not meant to provide pilots, crews, owners of aircraft, or any other person protection from liability for negligence committed on their part.
C. It is further declared that both:
1. The prevention of creating or establishing airport hazards.
2. The elimination, removal, alteration, mitigation, or marking and lighting of existing airport hazards are public purposes for which political subdivisions may raise and expend public funds and acquire land or interest in land. (Ord. 2017-590, 4-6-2017)
Notes
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