10.56.050 Aerial activities permit – Issuance – Revocation – Appeal.
A. The chief of police or the hearing examiner shall act upon such applications as soon as is administratively possible and may place such conditions upon the permit issued as will ensure that the aerial activity will be conducted in an orderly manner and as will be necessary to maintain and preserve the public health, safety and welfare; provided, that the chief of police or his designee, upon receipt of an application, shall cause notice of such application to be given by publication in the official city newspaper not less than 48 hours prior to its consideration of the application. The chief of police shall further cause notice of such application to be mailed to all property owners located within 300 feet of the boundaries of the property where the landing/takeoff area is located, if such area is other than a licensed airport facility. Such notice shall be mailed not less than one week prior to consideration of the application. In addition, notice of the application shall be posted in at least three conspicuous public places at least one week prior to consideration of the application. The city’s cost of providing notice shall be reimbursed by the permit applicant.
B. At a minimum, each permit shall be conditioned so as to provide for the following:
1. Each permit shall be subject to the condition that the surface of the landing/take-off area be such that dust, dirt or other objectionable matter will not be blown onto the adjoining property by aircraft operations.
2. Each such permit granted shall be subject to the condition that all provisions of the building, fire and health codes are complied with at all times. When, in the opinion of the police chief or fire chief, a degree of hazard exists greater than covered by the building, fire or health codes, the police chief or fire chief may require additional safeguards to protect the health, welfare and public safety.
3. Each permit shall be subject to the condition that the permittee neither authorizes, allows or permits the use of his aircraft or facilities by persons, firms or corporations violating any provisions of this code or any applicable federal, state or local laws or regulations.
4. Each permit shall be granted on the condition that the permittee procure, obtain and file with the city risk manager, and maintain in full force and effect, a liability insurance policy insuring the city and said permittee, its officers, agents and employees, for claims of personal injury, fire, property damage and general liability in the sum of not less than $2,000,000 per occurrence, or in such other sum as shall be deemed necessary by the city risk manager. The permittee shall file an insurance certificate with the risk manager reflecting the required coverages and naming the city as additional insured prior to the conduct of any aerial activities.
5. The permit shall be on the condition that adequate provision be made to control the access of the public to the landing/take-off area and on the further condition that appropriate provisions are provided for surface vehicle parking, the exact quantity and extent thereof to be specified in the permit.
6. Flight patterns to or from an established landing/take-off area shall be defined and shall be adhered to in subsequent normal operation. Flight patterns, generally, shall be established to avoid or minimize the impact of flights upon developed residential areas and places of public assembly.
7. The permittee shall protect, defend, indemnify, save and hold harmless the city and all of its officers, agents and employees from any and all claims for losses, injuries, damages and liability to persons or property occasioned by the acts or omissions of the permittee, and permittee’s officers, agents and employees, arising out of use of the permit.
C. If the chief of police or hearing examiner has reasonable grounds to believe that the activity will violate any ordinance or statute, or if after issuance of the permit there are reasonable grounds to believe the activity will be in violation of any condition placed upon the permit, or if there are reasonable grounds to believe that the public health, safety and welfare will be endangered by the activity, then the chief of police or hearing examiner may deny or revoke the permit.
D. Any person aggrieved by any decision of the chief of police relating to a permit issued under this chapter may appeal that decision to the hearing examiner by filing a timely notice of appeal with the hearing examiner within 10 days of the date of such decision. [Ord. 2002-10-069 § 18; Ord. 10062, 1990; Ord. 9391, 1984; Ord. 8573 § 14(C), 1977].