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HomeMy WebLinkAboutOrdinance No. 2019-005 Amending Arlington Municipal Code Title 14 Relating to the City's Airport Regulations ORDINANCE NO. 2019--005 AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON AMENDING ARLINGTON MUNICIPAL CODE TITLE 14 RELATING TO THE CITY'S AIRPORT REGULATIONS WHEREAS, the City of Arlington has the authority to own and operate the Arlington Municipal Airport; and WHEREAS, the City's airport commission has recently recommended updates to Arlington Municipal Code (AMC) Title 14 pertaining to the Arlington Municipal Airport Regulations; and WHEREAS, the City Council wishes to adopt the updated recommended by the Airport Commission; NOW, THEREFORE, the City Council of the City of Arlington do hereby ordain as follows: Section 1. The Title of Chapter 14.06 shall be and hereby is amended to read "Very Light Aircraft Regulations". Section 2. A new Arlington Municipal Code subsection 14.06.005 shall be and hereby is added to read as follows: 14.06.005 Very light aircraft defined. The term "very light aircraft" shall mean any aircraft weighing less than 1,320 pounds(or 1,430 pounds if a seaplane). This category shall include, but is not limited to: ultralight aircraft, powered parachutes, and light sport aircraft. Section 3. Arlington Municipal Code subsection 14.06.010 shall be and hereby is amended to read as follows: 14.06.010 Purpose and designation of airport. This Chapter 14.06 is intended to provide for safe and orderly ground and flight operations of very light_aircraft at the Arlington Municipal Airport. Hereafter in this chapter the word "airport" refers to the Arlington Municipal Airport. Section 4. Arlington Municipal Code subsection 14.06.020 shall be and hereby is amended to read as follows: 14.06.020 General rules. The following general rules shall govern all aeronautical activities of very light aircraft operators at the airport: ORDINANCE NO. 2019-005 1 (1) All aeronautical activities of very light aircraft arriving at or departing from the airport shall be conducted in conformity with the current pertinent provisions of the Federal Aviation Administration (FAA)and all other pertinent airport rules and regulations as set forth in this chapter. (2) The airport manager or his or her duly authorized representative shall at all times have the authority to take such action as he or she may deem necessary for safety of operation and to safeguard the public at the airport. Section 5. Arlington Municipal Code subsection 14.06.030 shall be and hereby is amended to read as follows: 14.06.030 Airport surface operations. The following rules shall govern very light aircraft surface operations at the airport: (1) All flight operations shall be conducted from such takeoff and landing areas as are prescribed by the airport manager (see very light operation diagram, attached hereto as Exhibit 14.06-1). (2) All ultralight ground support activities shall be conducted only in areas prescribed by the airport manager (see ultralight very light aircraft operation diagram, attached hereto as Exhibit 14.06-1). (3) All fixed base operators shall have the duty at all times to carry out the policies of the Arlington airport commission in respect to admission and control of children, pets and non-flying observers to or at the very light aircraft operations area. Section 6. Arlington Municipal Code subsection 14.06.040 shall be and hereby is amended to read as follows: 14.06.040 Flight operations. The following rules shall govern all aircraft flight operations at the airport utilizing the ultralight very light aircraft runway: (1) Traffic Pattern: (a)The traffic pattern is shown in Exhibit 14.06. (b) The pattern shall be five hundred forty-two feet Mean Sea Level (MSL), or four hundred feet Above Ground Level (AGL). (c) The pattern entry and exit path shall be flown at the same altitude as the traffic pattern altitude from a point of at least one nautical mile from the airport. (d) Care shall be taken by all operators so as not to cross over any active runway approach area, runway, or ramp, restricted zones, or hangar area, and to stay at least eight hundred 700 feet horizontally from any of the above areas. (e) The airport manager shall have the right to change, alter, or adjust the aircraft traffic pattern to insure safety and minimum impact with respect to noise and to foster good relationships with persons living near the airport. (2) Flight operations shall be conducted only within the appropriate visibility and cloud clearance requirements, but will not operate with less than an 800 foot ceiling ORDINANCE NO. 2019-005 2 and 3 miles of visibility. (3) Operation Announcements: (a) The proper and approved very light aircraft operation area diagram shall be displayed at all times in the designated operations area (see very light aircraft operations diagram, attached hereto as Exhibit 14.06-1). (b) Very light aircraft activity information shall be included in the Airport/Facility Directory(FAA Chart Supplement). (c) All very light aircraft operators with knowledge of an unusual concentration of aircraft activity, such as a "fly-in", competitive event, display or demonstration, shall notify the airport manager,who shall endeavor to issue a "NOTAM" with the FAA. Section 7. Arlington Municipal Code subsection 14.06.050 shall be and hereby is amended to read as follows: 14.06.050 Safety. The following safety rules shall govern very light aircraft operations at the airport: (1) Pilot Qualifications: (a) All very light aircraft pilots shall be familiar with local IFR procedures. (b) Pilots shall be aware of the effect of wake and helicopter rotor turbulence upon aircraft and aware of the proper separation criteria to be observed. (c) Each pilot shall operate the aircraft in a safe and orderly manner, shall operate the aircraft within the allotted and designated area, and shall operate the aircraft consistent with flight rules,traffic patterns and ground procedures. (2) Equipment Qualifications (a) Each operator of very light aircraft operating on the airport shall be responsible for determining the safe operating condition of the aircraft and shall have an accurate means of determining altitude. Section 8. Arlington Municipal Code subsection 14.06.060 shall be and hereby is amended to read as follows: 14.06.060 Very light aircraft operation diagram. The very light aircraft operation diagram, attached hereto as Exhibit 14.06-1, is adopted and made a part of this chapter. Section 9. Arlington Municipal Code subsection 14.06.070 shall be and hereby is amended to read as follows: 14.06.070 Enforcement. The City of Arlington and its duly authorized employees and representatives shall have the power and authority to enforce this chapter and all parts thereof, and may, in its discretion to protect the safety and welfare of the public, prohibit ORDINANCE NO. 2019-005 3 the use of the airport to any person, firm or corporation violating or having violated any rule, regulation or provision of this chapter, such prohibition to continue until such time as it may reasonably appear to the city that such violations will not recur. The city, or its representatives, may summarily eject or remove any such violators, together with the personal property of the violators,from the airport premises,whether or not the violation occurred upon leased premises on the airport. Section 10. The definition of"runway" in Arlington Municipal Code subsection 14.07.020 shall be and hereby is amended to read as follows: (9) "Runway" A defined rectangular surface on an airport prepared or suitable for the landing or takeoff of aircraft. Section 11. Arlington Municipal Code subsection 14.07.030(7) shall be and hereby is amended to read as follows: (7) No glider shall be left unattended unless it is properly tied down in an approved tie- down location. Glider owners are to provide their own tie-down equipment. Tie-down equipment is to be in good condition and regularly inspected by the owner. Section 12. Arlington Municipal Code subsection 14.07.040 shall be and hereby is amended to read as follows: 14.07.040 Staging. The following general rules shall govern all glider staging operations at the airport: (1) As part of the glider operations at Arlington Municipal Airport, there shall be a designated staging area to control pedestrian access to the airport operations area.The staging area shall be separate from the glider operations area, and shall be located east of Taxiway Alpha. In addition, the staging area shall not be located on any aircraft movement surface and shall not interfere with normal aircraft operations. (2) The designated staging area shall be the location from which customers are escorted to the glider operations area. The staging area will be posted with a sign with contact information for scheduling rides. The sign will directly request that interested parties follow instructions and NOT walk out on the ramp unless authorized. (3) The glider clubs shall use the staging area to meet and escort individuals that have made previous arrangements to fly. (4) The glider organizations among themselves shall coordinate safe access to the glider operations area from the staging area. In addition, each day at the start of operations, a field manager shall be designated to coordinate the operations between all glider organizations. The field manager shall wear an identifying safety vest at all times. (5) All individuals are to be given a safety briefing regarding the procedure and hazards associated with airport operations before being allowed access to the glider ORDINANCE NO. 2019-005 4 operations area. (6) As soon as an individual has finished a glider ride, he or she is to be escorted back to the staging area. The only exception is if the individual must remain in the glider operations area for training purposes. (See AMC 14.20.090(e).) (7) The glider operations area shall be free of all objects except tow planes, gliders, and that equipment which is necessary for conducting safe operations. No vehicles may be parked or left standing in the glider operations area (except glider tow carts.). (8) Each glider organization shall be held responsible for the violation of any of these regulations by customers or members of that organization. Section 13. Arlington Municipal Code subsection 14.07.050(3) shall be and hereby is amended to read as follows: (3) The tow pilot shall announce all departures on the Common Traffic Advisory Frequency (CTAF) 122.725 prior to take-off roll. Section 14. Arlington Municipal Code subsection 14.07.060 shall be and hereby is amended to read as follows: 14.07.060 Thermaling. The following general rules shall govern all thermaling activities of gliders operating at the airport: (1) There is to be no thermaling below 1,300 ft. Mean Sea Level (M.S.L.) within one ill mile of the traffic pattern. Section 15. Arlington Municipal Code subsection 14.07.070 shall be and hereby is amended to read as follows: (3) Tow planes shall use standard air traffic pattern entry procedures. Section 16. Arlington Municipal Code subsection 14.07.080(3) shall be and hereby is deleted. Section 17. Arlington Municipal Code subsection 14.08.010 shall be and hereby is amended to read as follows: 14.08.010 Illegal parking of aircraft defined. It is a violation of this chapter for any person to park any aircraft at the Arlington Municipal Airport longer than seventy-two consecutive hours or three business days unless that person has entered into a signed written lease or rental agreement for the payment of rent for the privilege of parking the aircraft, and anyone so violating this section shall be guilty of the offense of illegal parking of aircraft. ORDINANCE NO. 2019-005 5 Section 18. Arlington Municipal Code subsection 14.08.020 shall be and hereby is amended to read as follows: 14.08.020 Summary impoundment and storage of illegally parked aircraft--Expense of impounding and storage--Notice not required. Any aircraft failing to comply with the 72 hour or three business day notice or parked in violation of Section 14.08.010 shall be subject to being summarily impounded, stored and held by the city, acting through its airport manager, airport custodian, police department, or other authorized person, entirely at the expense and risk of the person so parking the aircraft. It is unnecessary for the city to give any prior notice of such impounding and storage. Section 19. The definition of "ultralight vehicle" under Arlington Municipal Code subsection 14.20.080, shall be and hereby is amended to read as follows: "Very light aircraft vehicle" means an aeronautical vehicle operated for sport or recreational purposes which does not require FAA registration, an airworthiness certificate, nor pilot certification. They are primarily single occupant vehicles, although some two-place vehicles are authorized for training purposes. Section 20. Arlington Municipal Code subsection 14.20.100(o) shall be and hereby is amended to read as follows: (o) Privately owned aircraft hangars shall be used for aircraft storage and related aviation purposes only. Limited storage of other items shall not exceed twenty percent (20%) of the total hangar area. Flammable liquids are prohibited from being stored in aircraft hangars except that which is in the fuel tanks of the aircraft or a maximum of ten (10) gallons in an NFPA approved fuel storage container. The maximum time a hangar lease can be continued without the storage of an aircraft is six (6) months. Section 21. Arlington Municipal Code subsection 14.20.110(b) shall be and hereby is amended to read as follows: (b) Disabled aircraft are the responsibility of the aircraft owner. However,the airport manager has the power, authority, and option to direct removal or relocation of a disabled aircraft from any location on the airport with FAA/NTSB approval. Section 22. Arlington Municipal Code subsection 14.20.130(a) shall be and hereby is amended to read as follows: (a) FOD Program. The FOD (foreign object debris) program at the airport is of special concern due to the wide variety of general aviation aircraft using the ORDINANCE NO. 2019-005 6 airport's runway, taxiway, and apron facilities. Motor vehicle traffic within the AOA contributes to the FOD risk. Small pieces of metal, pavement, rock, or trash can result in major damage and economic loss to aircraft engines, propellers, and airframes. Each tenant operator is required to train and continually emphasize the importance of FOD pickup and cleanup by all employees, patrons, and visitors. Section 23. Arlington Municipal Code subsection 14.20.140(e) shall be and hereby is amended to read as follows: (e) Propelling Objects Onto Airport or into Paths of Aircraft. No person may operate, launch, or discharge any object upon the airport, over the boundaries of the airport,or into aircraft approach zones without the prior written consent of the airport manager. Unmanned Aircraft Systems (UAS) or "drones" shall not be operated in any of the above-mentioned areas without written approval of the airport manager. Section 24. Arlington Municipal Code subsection 14.20.140(f) shall be and hereby is amended to read as follows: (f) Radio Controlled Devices. No person, firm, or corporation shall operate a model or full-sized radio con- trolled aircraft either (1) on the premises of the Arlington Municipal Airport, or(2)within the city limits and within one mile of the perimeter boundary of the Arlington Municipal Airport, without said person, firm, or corporation first having obtained the permission of the airport manager. The permission of the airport manager may be either withheld or conditioned on compliance with safety regulations deemed necessary to avoid conflict with aeronautical uses. Unmanned Aircraft Systems (UAS) or "drones" shall not be operated in any of the above-mentioned areas without written approval of the airport manager. Section 25. Severability. If any provision, section, or part of this ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. Section 26. Effective Date. The title of this ordinance which summarizes the contents shall be published in the official newspaper of the City. The ordinance shall take effect and be in full force five (5) days after the date of publication. PASSED BY the City Council and APPROVED by the Mayor this 29th day of April, 2019. ORDINANCE NO. 2019-005 7 CITY OF ARLINGTON c� Barbara Tolbert, Mayor Attest: Erin Keator, Cit4 Clerk Approved as to form: Stev n J. P i City Attorney ORDINANCE NO. 2019-005 8 CERTIFICATION OF ORDINANCE I, Erin Keator, being the duly appointed and City Clerk of the City of Arlington, Washington, a municipal corporation, do hereby certify that the following Ordinance No. 2019-005 was approved at the May 6, 2019 City Council meeting. ORDINANCE NO. 2019-005 AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON AMENDING ARLINGTON MUNICIPAL CODE TITLE 14 RELATING TO THE CITY'S AIRPORT REGULATIONS A true and correct copy of the original ordinance is attached. Dated this 8th day of May 2019. Erin Keator City Clerk for the City of Arlington