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HomeMy WebLinkAbout02771 ORD - 05/23/1950126inger:gp ` 5/5/5o (8) 0 AN ORDINANCE REGULATING THE OPERATION OF AIR— '4111N THE CITY LIMITS OF THE CITY OF CORPUS CHRISTI, AND REGULATING THE USE OF AIRCRAFT AND CONDUCT OF PERSONS N O' , OR ABOUT AIRPORTS WATER CITY PROPERTr IN OR OUT OF THE CITY LIMITS; PROVIDING PENAL FOR IO- LATION OF THIS ORD . REPEA�r ING CONFLICTING ORDINANCES OR ARTS OF ORDINANCES; PROVIDING A SAVING CLAUSE; DECLARING AN EFFECT77E Mm AND WTHOD OF PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,2aAS: SECTION I. That the Ordinance Numbered 830 adopted March 15, 1938, and recorded in Volume 10, page 1314 of the Ordinance and Resolution Records of The City of Corpus Christi, as amended by an ordinance dated January 7, 1947, being Ordin- ance No. 2017; except as to such provisions as may be re— enact- ed herein, is hereby repealed. SECTION II. That from and after the effective date hereof the following rules and regulations shall govern the operation of aircraft within the City Limits of the City of Corpus Christi and the use of aircraft and conduct of persons, in, on, or about airports, water, and City Property in or out of the City Limits of the City of Corpus Christi: Rules and Regulations Governing Operation of Aircraft and the on uct o Persons...Airports,etc. Article 1 "Persons" defined. — The term "persons" as used in this section shall be construed to include any individual firm, copartnership, corporation, company, association, society or club, singular or plural, joint stock association, or body political; and includes any trustee, receiver, assignee, or other similar representative thereof. Z"77f E Article 2 Definition of Airport or Airports. - The term air- port or airports, or municipal, airport or airports, as used in this section shall be construed to include any and all airports municipally owned, leased, maintained, or operated by the City of Corpus Christi, either within or outside of the corporate limits of the City of Corpus Christi, Texas. Article 3 Reports of visiting pilots on arrival. - All visit- ing pilots landing on municipal airports shall report innediate- ly upon landing to the administration office or the nearest op- erator's office and shall there register the following informa- tion, or such information as may be required for record purposes, upon forms provided by the Airport Manager: (1) license number, make and model of plane; (2) owner of plane; (3) pilot's name; (4) time of arrival; (5) number of crew; (6) number of passen- gers; and, (7) pilot's address (local) and telephone number. Article 4 Reports of visiting pilots before departure. - Im- mediately prior to his departure each visiting pilot shall report to the administration office, or the operator's office of sign- ing in, and check out, reporting upon forms provided for such purpose. Payment for use of airport facilities, storage, repairs, supplies, or other service rendered by the airport shall be made before flight clearance is granted unless satisfactory credit arrangements have been made withthe Airport Manager. Article 5 Planes to be under control of licensed pilots - No aircraft may be flown from or taken off from municipal airports, except when under the control of and flown by a licensed pilot, operating under a proper license in good standing issued by the Civil Aeronautics Authority of the United States, nor shall any such aircraft land upon municipal airports except when under the control of and piloted by a person holding a proper license in good standing issued by the Civil Aeronautics Authority of the United States, or operating under a student's training permit, Article 6 Condition of Pilots: operations by unskilled or intoxicated persons. — No person shall hereafter operate any aircraft over or above the City of Corpus Christi at any time handling unless such person is fully cap able of dung and control - ing the machine or aircraft so operated, nor shall any person operate any aircraft over the City of Corpus Christi or from any municipally owned or operated airport while under the in- fluence of any drug or intoxicant of any nature. Article 7 Prevention of Accident. — It shall be the duty of all flyers to check the operational conditions fuel supply, etc., of their machines or ships, and to so operate their machines or ships as to prevent injury or injuries to persons on the field, and to persons or property in the City of Corpus Christi, as well as to be prudent and careful in the management of their machines or ships, so as to avoid unnecessary danger to lives and property. Article 8 All aircraft to be rated. — No aircraft which is not operating under a CAA Ferrying Permit or which has not been rated or licensed by the Civil Aeronautics Authority of the United States shall be flown into or flown from municipal airports, or landed at or upon municipal airports,except aircraft of Foreign Nations operating with authority of Civil Aeronautics Authority, and United States and State Government, or the aircraft licens- ed by a foreign country with which the United States has a re- ciprocal agreement covering the operation of such licensed air- craft. Article 9 Proper Precautions and Safeguarding of Passegers. — Operators and pilots carrying passengers at such municipal air- ports shall take proper precautions to safeguard their passengers while they are on the ramp or on the field, and shall take due 4 precaution to keep passengers from the path of moving aircraft and propellers of planes. Article 10 Flying at low altitudes. — It shall be unlawful for any person to operate any aircraft, airship, helicopter, or balloon over the City of Corpus Christi at a lower altitude than 1500 feet from the earth's surface, except in landing and taking off from any authorized, designated, Civil Aeronautics Administrat tion landing field, except as may be permitted under Article 11, this section of this ordinance. Article 11 Exhibitions. — On special occasion and for the purpose of exhibition or educational purposes or for photographer's work, the City Council may authorize aircraft exhibitions or flights to be conducted under the direction of said governing body; provided, however, that in no case shall any aircraft operate or perform any acrobatics or what is commonly know as "stunts ", and no aircraft shall give exhibition or other- wise maneuver as herein prohibited unless especially author- ized by the City Council in writing so to do. Article 12 Taking off over hangars, etc. — Aircraft shall not land or take off over hangars, buildings, obstructions, automobile parking areas or groups of spectators. Article 13 Test Flights. — Personnel engaging in test flights and student flying shall be limited in each case to number of per- sons necessary to perform properly the required test. At no time shall passengers be carried on such flights as ballast. The City Council reserves the right to grant or refuse permis- sion for such flights. Article 14 Parachute jumps. — Parachute jumps or exhibitions are hereby prohibited within the City limits of the City of Corpus -5- Christi except in emergencies, without prior approval of the City Council, and are prohibited on or over Municipal Airports or with- 3m its control zone, except in emergencies, without prior approval of the Airport Manager, or his authorized agent, and local Civil Aeronautics Authorities in charge of traffic regulations. Article 15 Wdroplane or Seaplane Operation. - It shall be unlawful for any person to operate a hydroplane or seaplane in or upon any reservoir or lake or body of water belonging to the City of Corpus Christi, or under the control of the City of Corpus Christi, or within the corporate limits of the City of Corpus Christi without prior approval of the City Council and if approval is granted, said hydroplane, or seaplane, will be under the juris- diction of all rules and regulations set forth in this section that might apply to its operation, as well as the rules and regu- lations of the Airport Manager, the Civil Aeronautics Administration, the Harbormaster's Hiles and Regulations and will abide by all Federa2 Surface Craft regulations and all other requirements pro- vided in any written contract with the City of Corpus Christi or permit. Article 16 Conformity with air commerce regulations; adoption of air traffic rule, observation required. - No person shall navigate ae�y aircraft over, land upon, or fly the same frame, or service, maintain or repair aay aircraft on the Airport, or conduct emy aircraft operations on or from the Airport otherwise than in con- formity with the requirements of the Civil Aeronautics Authority of the United States. No aircraft shall be operated over or within the jurisdiction of the City of Corpus Christi or the Airport, in violation of the air traffic rules as established by the Civil Aeronautics Authority, which are hereby adopted by reference and made part of this ordinanoe. Where Civil Aeronautics regulations -6- differ with City ordinances, the stricter regulations will apply. Article 17 Conformity with Texas State Mmioi al Airport Act.. The Texas State Municipal Airports Act, House Bill 334 is hereby adopted by reference thereto and made a part of this ordinance. Article 18 Wheel Blocks. - Blocks, equipped with ropes or other suitable means of pulling them out, shall always be placed in front of the wheels of an aircraft before the engine is started unless the aircraft is provided with thoroughly adequate parking brakes. Article 19 PLUming Engines. - No aircraft engines shall be started or run unless a licensed pilot or competent mechanic is in the cockpit attending the controls and aircraft shall be started and warmed up only in the place designated for such pur- poses by the Airport Manager. No person shall interfere or tamper with any airoraft or put in motion the engines of such aircraft, or use any aircraft, aircraft parts, instruments or tools, without permission of the owner. At no time shall engines be turned up inside a hangar, or while located in such position that hangars, shops, or other buildings, or any group of peop3o is the observa- tion area are in the path of the propeller stream. Article 20 Taxiing. - Upon landing on the airport, a pilot shall assure himself that there is no danger of collision with other aircraft taking off, landing or taxiing, before he begins to taxi and while he is taxiing to the line or other pert of the airport. All aircraft shall be taxied at a slow and reasonable speed, not to exceed 10 m. p. h. particularly in the vicinity of the hangars and other buildings, and shall be brought to a full stop when in the vicinity of landing aircraft. When an aircraft is being taxied near buildings, an attendant shall be at each wing unless the air- craft is provided with adequate brakes. Aircraft taV ing for take. -off shall not cut across or traverse the field but instead shall taxi according to the field regulations or the control tower requirements until the desired take -off position is ob- tained. Taxi strips shall not be used for take -offs or land- ings. Landing aircraft shall taxi according to the field regu- lations or the control tower requirements until reaching the hangar lines. No aircraft shall taxi into or from the hangars under its own power, but must be moved by hand, by means of dollies or otherwise. During wet weather all aircraft shall keep to the runways and avoid cutting the surface of the .field or portions thereof other than the runways. Article 21 Par 1oT . - All unhoused aircraft shall be parked in the space designated for this purpose and shall be firmly secured to the ground by ropes or cable or otherwise, by the Pilot of such aircraft, when left unattended or during weather conditions which indicate the necessity therefor. Between the hours of sunset and sunrise, aircraft shall not be left unat- tended in ariy place on the field, and whether standing or mov- ing shall have their navigation lights on, unless the aircraft is standing under a burning flood light on the ramp, or light- ed by flares, or parked in designated tie -down area. Aircraft without navigation lights shall not land, take off, or be flown during the hours between official sunset and official sunrise. Article 22 Aircraft using a municipal airport as a base. - All privately owned aircraft, student training aircraft, air- craft carrying goods or passengers for hire or reward, aircraft demonstrators, or any aircraft engaged in business or used in any commercial capacity, using and /or operating from municipal airports,other than aircraft owned by the United States Govern- ment or by a state, territory, possession, or political subdivi- a sion thereof, shall first register such aircraft and obtain a permit in writing from the Manager of the Airport for the use of said municipal airports as a base of operations under the terms and provisions of this section, and shall pay the fees and conform to the regulations as may be provided by ordinance, or by the Airport Manager, unless otherwise provided in a writ- ten contract with the City of Corpus Christi. Article 23 Transient Aircraft. - Transient commercial air- craft landing at a municipal airport shall pay the fees and conform to the regulations as may be provided by ordinance, or by the Airport Manager, unless otherwise provided in a written contract with the City of Corpus Christi. Article 24 The following rules pertaining to gasoline and oil on the municipal airports shall hereafter be in full force and effect, to-wit- a. No person or persons shall bring gasoline or oil to be used in aircraft upon the airport without written ap- proval of the Airport Manager, unless otherwise provided in contract with the City of Corpus Christi. b. An servicing of aircraft must be done by the employees of the City of Corpus Christi unless other provisions are made in contracts between the person and the City of Corpus Christi. c. No gasoline shall be stored in cans or in drums in the hangars of such airport. d. No aircraft shall be fueled or defueled while the engine is running, or being warmed by applications of ex- terior heat, or while such aircraft is in a hangar or enclosed space. e. No person shall smoke within 100 feet of an aircraft being fueled or defueled. f. No person shall operate any radio transmitter or receiver, or switch electrical appliances off or on in an aircraft during fueling or defueling. g. During refueling the aircraft and the fueling dispensing apparatus shall both be grounded to a point or points of zero electrical potential. h. Persons engaged in the fueling and defueling of aircraft shall exercise care to preventoverflow of fuel. i. No person shall use ar3y material ding fuel- ing or defueling of aircraft which is likely to cdvise a spark or be a source of ignition. j. Adequate fire extinguishers shall be within ready reach of all persons engaged in fueling or defueling op- erations. k. No person shall start the engine of any air- craft when there is any gasoline on the ground under such air- craft. 1. Fueling hoses and defueling equipment shall be maintained in a safe, sound, and non - leaking condition. m. All hoses, funnels, and appurtenances used in fueling and defueling operations shall be equipped with a grounding device to prevent ignition of volatile liquids. n. All fueling and defueling of aircraft shall be conducted at least 50 feet from any hangar or other build- ing. Article 25 Loss of property, soliciting of business and air- craft repairs. - a. The City of Corpus Christi is not responsible for any damage to or loss of property. b. No person or persons shall solicit mechanical or other work on aircraft at municipal airports unless allowed by contract with the City of Corpus Christi or without first receiving written permission therefor from the Airport Manager or his duly authorized representative. c. All repairs to aircraft and engines shall be made in the space designated for that purpose and not on any 10 other area. Article 26 Accident reports. - Witnesses of, and participants in, accidents involving aircraft on or near the airport shall report to the administration office, or control tower, as soon after such accidents as possible, leaving their names and ad- dresses, and rendering such reports as may be required, and will cooperate fully with investigating authorities. Article 27 Disposal of wrecked aircraft. — The aircraft owner, his pilot or agent, shall be responsible for the prompt disposal of wrecked aircraft and the parts thereof to avoid all interfer- ence once with field operations, unless directed by the Airport Manager to delay such action pending investigation of the ac- cident. If the owner, his pilot or agent fails to or refuses to remove wrecked aircraft interferring with field operations, or field regulations, then the Airport Manager is authorized to re- move wrecked aircraft and charge the costs of removal to the owner of the wrecked aircraft. Article 28 No liability upon the City. — The City of Corpus Christi shall never be liable on account of any accident to any person or property or for any person or property by reason of the operation of the airport, nor on account of the suspension of the use of the.airport or suspension of operations thereon. All persons using said airport shall use the same at their oan risk, and subject to the control, orders, and regulations of the City and its officers and employees. Article 29 Liability of negligence. — The permission granted by the City of Corpus Christi, to use the Airport and its facili- ties, or to fly to, from, or over the same, shall at all times be conditioned upon the assumption of full responsibility there- of by every person, firm or corporation exercising or taking ad- vantage of said permission. It shall be a further condition that 11 each person, firm, or corporation, as a consideration for the use of the Airport and its facilities, shall indemnify and keep the City harmless from all claims, costs or judgments proximate- ly resulting from negligence of said persons or corporations. Article 30 Vehicles. — Vehicles other than those regularly employed in the service of the airport shall stay within the limits of parking spaces and drives, and shall not enter the landing area, except with written permission of the Airport Manager, or his authorized agent. Article 31 Dead Line. — A dead line shall also be designat- ed by the Airport Manager, and no person, excepting a pilot or mechanic attached to the airport or employed by the owner of a plane or an operator on said airport, or an owner of such aircraft, or duly authorized officers or officials charged with the duty of enforcing local, state or federal laws or regula- tions, shall cross the dead line or enter the dead line until the plane in which he is to fly has come to a full stop and the pilot thereof has signalled that he is ready to take on passen- gers. Such person shall, upon alighting from the plane, leave the landing area by the shortest possible route, in the short- est possible time. Article 32 Plane line. — The plane line shall be designated by the Airport Manager. Article 33 Suspending operations. — Except in the case of scheduled operators, the Airport Manager shall have the author- ity to suspend operations on or from the airport when, in his opinion, the condition of the landing area, or local meteoro- logical conditions might make such operations unsafe. 12 Article 34 Authority of the Airport Manager at airport. - The Airport Manager shall at all times have full authority, over , and will take such action as may be necessary in, the handling, conduct and management of municipally owned, leased, or operated airports. Article 35 Grounding of Pilot and /or Airplane. - Any per- son failing to comply with these regulations or rules, or any provision thereof, is hereby declared to be a public nuisance, and the Airport Manager is hereby authorized to ground such person, pilot or plane; delay or restrict any flight or other operation using the municipal airports; and may refuse take- off clearance of any aircraft when,in the opinion of the Air- port Manager or his authorized representatives, such action is deemed necessary to obtain order and compliance with rules and regulations, or for any violation of these rules or any - City ordinance, or any state or federal law, rule or regula. tion, applicable to aircraft, airports, or operators thereof; and the use of the airports will be forbidden such pilots or persons until such use is again restored to him by the Airport Manager or by action of the City Council, brought to the Coun- oil's attention by such pilot or person so grounded as an appeal from the opinion or ruling of the Airport Manager. Article 36 Removal of violators... Any person operating or handling any aircraft in violation of this section, or any per- son, firm, or corporation refusing to comply therein, may be promptly removed or ejected from the airport by police author- ity, or under theauthority of the Airport Manager, or under the authority of the City Manager; and, upon the order of the City Manager of the City of Corpus Christi may be deprived of the further use of the airport and its facilities for such length of time as may be required to insure the safeguarding of the same and the public and its interests therein. Article 37 No deviation from Rules. - There shall be no de- viation from the rules set out herein, except when special cir- cumstances render the departure from the rules necessary; in which case, the burden will be upon the pilot or person deviat- ing, to prove that such a necessity of departure from the rules existed by proof that a reasonably prudent person acting under the same or similar circumstances would have so acted. No per- son shall knowingly or wilfialy make any false statement or re- port to the Airport Manager or authorized city employee. Article 38 Violation of rules. - All operations on any munici- pal airport shall be conducted with due regard for safety and any unsafe practices shall be considered violations of the field rules „ whether specifically set out herein or not. SECTION III. That if any article, paragraph, sub- division, clause, phrase or provision of this ordinance shall be adjudged invalid, or to be held unconstitutional, the same shall not affect the validity of the ordinance as a whole or any other part or provision thereof other than the part so de- cided to be invalid or held unconstitutional. SECTION IV. That any person or corporation who shall violate any of the provisions of this ordinance or any of the rules and regulations prescribed therein shall be guilty of a misdemeanor and shall be liable to fine of not more than two hundred dollars, and upon conviction shall be fined in any sum not exceeding two hundred dollars ($200), and each and every, day's violation shall constitute a separate and distinct offense. In case the owner or occupant of any hangar, leased space, cr premises under the provisions of this ordinance shall be a cor- poration, and shall violate any provision of this ordinance, the president, vice- president, secretary, treasurer of such corporation, or any manager, agent, or employee of such cor- poration shall be also severally liable for the penalties therein provided. SECTION V. That all other ordinances or parts of ordinances in conflict with this ordinance are hereby repealed, and in particular is that certain Ordinance No. 830, recorded in Volume 10, page 134 of the Ordinance and Resolution Records of the City of Corpus Christi, Texas, passed and approved by the City Council on March 15, 1938, and amendments thereto, expressly repealed by this ordinance. SECTION VI. This ordinance shall take effect from and after the date of its publication in the official publi- cation of the City of Corpus Christi, which publication shall be sufficient if it contain the title of this ordinance and state the penalty provided herein for the violation. SECTION VII. That in accordance with the City Charter of the City of Corpus Christi this ordinance shall be read at three several meetings of the City Council as hereinafter denoted. The foregoing ordinance was read the first time and passed to the second reading on the fday of K!i9 — A.D. 1950, by the following vote: �� Leslie Wasserman Jack DeForrest Barney Cott �, ➢ l Sydney E. Herndon George L. Lowman �1 „ The foregoing ordinance was read the second time and passed to the third reading on the JIC&Y of DAZtj, A.D. 1950, by the following vote: Leslie Wasserman Jack DeForrest X11. Barney Cott -� Sydney E. Herndon George L. Lowman The foregoing ordinance was read the third time and finally passed and approved on the day ofA.D. 1950, by the following vote: Leslie Wasserman Jack DeForrest Barney Cott Sydney E. Herndon George L. Lowman and accordingly IT IS SO ORDAINED. PASSED AND APPROVED this the _day ofd 950. CA-'T y ecre ary APPROVED AS LECAL FORM: ft y A , orney MAYOR The City of Corpus Christi, Texas ZT7' N 13 RULES AND REGULATIONS REGULATING DRIVERLESS AUTOMOBILE STANDS AT THE CLIFF NI,"US AIRPORT OF THE CITY OF CORPUS CHRISTI, TEXAS <VHEREAS, THE PRESENT AUTOMOBILE PARKING FACILITIES AT THE CLIFF MAUS AIRPORT ARE CROWDED ND IT 15 FOR THE BEST INTEREST OF THE CITY OF CORPUS CI',11I3T1, TEXAS, AND THE PATRONS OF THE MUNICIPAL AIRPORT THAT DRIVERLESS AUTOMOBILES SHALL BE AVAILABLE TO PATRONS OF SUCH AIRPORT AND IT 15 NECESSARY THAT SUCH DRIVERLESS AUTOMOBILES SHALL BE REGULATED; AND, 111HEREAS, THE CHARTER OF THE CITY Z/F CORPUS CHRISTI, TEXAS, AS ;MENDED IN 1545 PROVIDES IN ARTICLE V. SECTION (O, THAT THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI, TEXAS, SHALL MAKE SUCH RULES AND REGULA- TIONS AS HE MAY DEEM PROPER AND NECESSARY FOR THE REGULATION AND OPERATION OF SAID AIRPORT, AND THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI, TEXAS, DEEMS IT PROPER AND NECESSARY THAT THE FOLLOWING RULES AND REGULATIONS IN REGARD TO DRIVERLESS AUTOMOBILES AT THE CLIFF MAUS AIRPORT SHALL BE PROMULGATED: THEREFORE, I, W. B. COLLIER, CITY MANAGER OF THE CITY OF CORPUS CHRISTI, TF ;< ^S, DO HEREBY PROMULGATE THE FOLLOWING RULES AND REGULATIONS IN REGARD TO THE DRIVERLESS AUTOMOBILES AND THEIR OPERATION AT THE CLIFF MAUS AIRPORT, T,)-WIT: 1. No OWNER OPERATOR OF A DRIVERLESS AUTOMOBILE BUSINESS SHALL HAVE ANY PARKING AREA ASSIGNED TO HIM JR IT UNLESS THE SAID DRIVERLESS AUTOMOBILES SHALL C3NFORM1, TO THE DRIVERLESS AUTOMOBILE ORDINANCE OF THE CITY OF CORPUS CHRISTI, TEXAS, AND SUCH OWNER OR OPERATOR SHALL AT ALL TIMES HAVE A VALID CERTIFICATE FOR EACt' AUTOMOBILE ISSUED BY THE TAXICAB INSPECTOR OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT SUCH AUTOMO3ILE CONFORMS TO SUCH ORDINANCE. 2. THE AIRPORT MANAGER SHALL AS S -SON AS PRACTICABLE AFTER THE DATE OF THIS ORDER ESTABLISH DRIVERLESS AUTOMOBILE STANDS AT THE MUNICIPAL AIRPORT, AND SHALL DESIGNF,TE AREAS IN WHICH SAID DRIVERLESS AUTOMOBILES ?—'1 -'