1896
IL
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ORDINANCE NO. 1896
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AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, SUPPLEMENTING CHAPTER 3, AIRCRAFT,
OF THE CODE OF ORDINANCES OF THE CITY OF
CLEARWATER, FLORIDA, 1962, TO PROVIDE ACURFEW
RESTRICTION ON THE TAKE OFF AND LANDING
AIRCRAFT AT CLEARWATER AIR PARK; TO PROVIDE
FOR EMERGENCY LANDINGS AND TAKE OFFS AND
THE FILING OF A REPORT; TO PROVIDE A PENALTY
FOR FAILURE TO COMPLY HEREWITH; PROVIDING
FOR REPEAL OF ALL ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH TO THE EXTENT
OF SUCH CONFLICT; PROVIDING FOR THE SEPARABILITY
OF THE PROVISIONS HEREOF; PROVIDING FOR THE
PROPER NOTICE OF PROPOSED ENACTMENT; AND
PROVIDING FOR THE EFFECTIVE DATE OF THIS
ORDINANCE.
WHEREAS, the City of Clearwater, Florida, is the owner in fee of
a tract of land containing the Clearwater Air Park, including the area where
the runway and all support buildings and hangars are located as well as an
area adjoining the Air Park which is presently used for golf course
purposes; and
WHEREAS, Clearwater Golf Park, Inc., through a lease arrangement,
is the present fixed base operator of Clearwater Air Park as described in
Paragraph 3 of the Lease and as defined in E. W. Wiggins Airways, Inc.
V. Mass. Port Auth, 362 F. 2d 52, 53 Footnote 2 (1966); and
WHEREAS, Clearwater Air Park is not presently receiving any
Federal funding; and
WHEREAS, no control tower presently exists at the Clearwater
Air Park; and
WHEREAS, there is no FAA presence at the Air Park and no policy
of noise abatement through a Federally approved policy of landing and take
off patterns has been implemented at the Air Park; and
WHEREAS, the approach zone to the runway, Runway 33, contains
a tree which is of such a height as to present an obstacle, particularly at
night; and
WHEREAS, Clearwater Air Park is an airport located in such a way
as to be substantially surrounded with residential development; and
4
Ord., . # 18.96-
6/21/79,
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policy statement of 1976, has indicated that the proprietor has a part to
play in noise abatement procedures at local airports; and
WHEREAS, the Secretary of Transportation, through his noise
WHEREAS, the City of Clearwater, as proprietor through its lease
arrangement with Clearwater Golf Park, Inc., dial not contract away its
right as proprietor to control aircraft landing and taking off at Clearwater
Air Park; and
WHEREAS, such lease arrangement requires that the Air Park be
operated in a manner consistent with the public interest; and
WHEREAS, the lease admits of a proprietary interest in the City
operations at the air park facility; and
WHEREAS, Clearwater Golf Park, Inc., through amendment to its
lease arrangement, agreed that "no night flying shall be allowed from said
runway without the prior written consent of the City Commission"; and
WHEREAS, the United States District Courts in the case of San
Diego Unified Port District y. Adriana Giantureo, United States District
Court, Southern District of California, Case No. 78-97-S (1978), National
Aviation v. City of Hayward, 418 F. Supp. 417 (N. D. Cal. 1976), and
City of Burbank v. Lockheed Air Terminal, Inc., 411 U, S. 624, 635
footnote 14 (1973) have recognized that an airport proprietor may impose
a curfew on airport activity; and
WHEREAS, the City of Clearwater, as proprietor, faces a potential
of lawsuits for compensable takings by reason of overflights and noise; and
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WHEREAS, one such lawsuit has in fact been filed; and
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of Clearwater to determine operation of the Air Park in a manner consistent
with the public interest; and
WHEREAS, the Circuit Court in the case of Clearwater Golf Park,
Inc. v. City of Clearwater, Circuit Civil No. 74-5779-16, has determined that
Clearwater Golf Park, Inc. did contract away its opportunity to conduct night
Ord. #1896
6/21/79
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WHEREAS, Clearwater Golf Park,. Inc„ lessee under the lease,
by letter dated March 8, 1978, advised the City of Clearwater that it had no
responsibility with respect to flights from the Air Park and would not respond
to the lawsuit, and that such responsibility rested with the City; and
the quality of life in the residential areas surrounding
WHEREAS
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the Air Park would be enhanced through implementation of a curfew during '
the hours of dark; and
WHEREAS the City of Clearwater has received many complaints
relating to landings and take offs of airplanes, both past and present, during .• i Vii, r x; 'W. •??P.,„?•
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the nighttime hours from residents of the residential areas surrounding
the airfield; and
WHEREAS, the Federal Aviation Administration has reviewed proposed
Ordinance No. 1896 and has determined that it is not inconsistent with or
preempted by Federal Statutes and Regulations governing the navigation of
air craft and air craft noise; and
WHEREAS, given the hazard in' the approach to Runway 33, given
the lack of a contral tower, safety at the Air Park will be enhanced through
implementation of a curfew at the Air Park during the hours of dark;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY
COMMISSION OF THE CITY OF CLEARWATER, FLORIDA,
IN SESSION DULY AND REGULARLY ASSEMBLED, AS
FOLLOWS:
Section 1. That Chapter 3, Aircraft, of the Code of Ordinances
of the City of Clearwater, Florida, 1962, is hereby supplemented by
enacting a new Section 3-2. 1 to read as follows:
Section 3-2. 1 Restrictions on Take Offs and Landings.
(a) Purpose. The purpose of this section is to minimize
unwanted noise and sleep interruption in residential
areas adjacent to Clearwater Air Park, generated by
take off and landing operations at Clearwater Air Park
after dark, and to provide an additional element of
safety in the continued use of the Air Park facility.
(b) Noise-Level-Limft- Curfew. No aircraft shall be
permitted to take off ear-lmml-at Clearwater Air Park
during the time between one hour after official sunset and
ere4witiLA>efere-of#ioialAmmi-s-e- 7 A. M. the following day
and no aircraft shall be permitted to land at Clearwater
Air Park during the time between 9 P. M. and 7 A. M.
the following day.
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Ord. #1896 -3- 6/23./79
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(c) Emergency Landings and Take Offs.
(1) The pilot in command of any aircraft landing or
taking off from Clearwater Air Park shall be directly
responsible for, and is to be the final authority as to,
the operation of such aircraft while landing or taking off
from Clearwater Air Park.
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(2) In an emergency requiring immediate action in the form
`r of landing or taking off from Clearwater Air Park, the
pilot in command of any such aircraft may deviate from
subparagraph (b) of this section to the extent required to
meet the emergency,
(3) Each pilot in command of an aircraft who deviates from
subparagraph (b) by reason of any emergency shall file
a written report in affidavit form with the City Manager
providing the pilot°s identity, his pilot's license number,
the number and type of the plane, the name and address
of any person with the pilot, and a detailed statement of
the facts and conditions supporting the emergency that
required a deviation.
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(d) Violation of Noise-bevel i i-mit-Curfew. Any person who
operates an aircraft in violation of this section shall be
punished by a fine not exceeding $500.00 or imprisonment
for a term not exceeding 60 days or both. Any person
who counsels, aids, assists or abets any other person in
the operation of an aircraft in violation of this section
shall be punished by a fine not exceeding $500.00 or
imprisonment for a term not exceeding 60 days or both.
Section Z. All ordinances or parts of ordinances in conflict herewith
are to the extent of such conflict hereby repealed.
Section 3. Should any part or provision of this ordinance be declared
by a court of competent jurisdiction to be invalid, the same shall not affect
the validity of the ordinance as a whole, or any part thereof other than the
part declared invalid.
Section 4. Notice of the proposed enactment of this ordinance has
been properly advertised in a newspaper of general circulation in accordance
with Section 166. 041, Florida Statutes.
Section 5. This ordinance shall become effective immediately upon
its passage.
PASSED ON FIRST READING June 7, 1979
PASSED ON SECOND AND FINAL
READING AND ADOPTED
AS AM ENDED June 21 1979
Attest;
city .Clerk
Oird: #1896
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Mayor-Commissioner
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6/21./79
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Before the underaigned authority personally appeared AIR
Saya that Site Is the Classified Sales Aiamager of lhr. Clearwal
lished at Clearwater In I'inellat Counly, Florida; that the aft
living a....... nQtAr-.O..
PBSeac?? of ordil?ancea No 18
r 1928,.1929, 1930„and 32 1931
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said newspaper lnlhrir,Il•ls of •.June 26, 197
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Affiant further says that the said Clearwater Sulu is it n
water, III said Pinellas County. Florida. and that the salcl nr
'';.; `'' "•' ` •:;` ' ; f . continuously published in said Pinellas County, Flurida, each
second class mail matter at file post offlet in Clearwater, in s
for a period of one year next preceding the first publication a
tisrmeul; and afflant furtllrr says that she has neitlmr pall it
or corporation Rely discount, reb:lie, commission or refund fo
advertisement for publication to Ills sold newspaper.
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HAPTER 83B WT CLr
ORDINANCES OF TILE CIT? OF CLE
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VFSTIGATION OF VIOLATIONS ANi
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SEPARABILITY OF THE PROVISIO]
FOR, THE REPEAL OF ORDINAN
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