HomeMy WebLinkAboutOrdinance No. 2436 elh/ORD2054
ORDINANCE NO. 2436
AN URGENCY ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF AZUSA ADDING CHAPTER 8.65
TO THE AZUSA MUNICIPAL CODE PROHIBITING
FLYING IN FORMATION AT LOW ALTITUDES OVER
THE CITY OF AZUSA AND DECLARING THE
URGENCY THEREOF
WHEREAS, within the last month helicopters have
been flying in formation at low altitudes over the City of
Azusa to perform aerial spraying; and
WHEREAS, such low formation flying has resulted in
tremendous noise and disturbance to the citizens of Azusa;
and
WHEREAS, noise levels generated by formation flying
at low altitudes has resulted in harm to persons and
property, as such harm has been testified to before the City
Council; and
WHEREAS, the harm from such noise levels is in
addition to that which may be caused by aerial spraying; and
WHEREAS, formation flying at night at low altitudes
is imminently dangerous to persons and property lawfully
below the aircraft because of the increased likelihood of an
accident from attempting to avoid flight path obstructions
while remaining in formation; and
WHEREAS, the City has been unable otherwise to halt
such formation flying at low levels; and
WHEREAS, the City is a party to the State Master
Mutual Aid Agreement and has the ability to take certain
actions and coordinate with the state even when an alleged
"state of emergency" has been declared by the Governor of
the State of California; and
WHEREAS, this is an urgency ordinance needed for
the immediate preservation of public health and safety in
that the noise and potential for accident is on-going and
increasing absent intervention by the City immediately.
NOW, THEREFORE, the City Council of the City of
Azusa does ordain as follows:
Section 1. Chapter 8.65 hereby is added to the
Azusa Municipal Code to read as follows:
Chapter 8.65
Low Flying in Formation
Section 8.65.010. It shall be unlawful
to engage in formation flying at
altitudes of 700 feet or less over the
City of Azusa between one half hour after
sunset and one half hour before sunrise
without the prior written consent of the
City Council after a public hearing on
elh/ORD2054
such issue duly noticed and conducted by
the Council.
Section 8.65.020. A violation of this
ordinance shall be a misdemeanor,
punishable as set out in the Azusa
Municipal Code and each pilot flying in
formation shall be guilty of a separate
offense. Each such separate passage or
flight over Azusa (whether or not
sequential in time) in violation of this
ordinance shall be determined to be a
separate and distinct violation of and
offense hereunder.
Section 8.65.030. Sections 8.65.010 and
8.65.020 shall terminate and be of no
force and effect one year from the date
of their adoption.
Section 2 . Urgency. This is an urgency ordinance
pursuant to Government Code Section 36934 and 36937 whose
immediate enactment is necessary for the immediate
preservation of public peace, health, safety and general
welfare and shall be effective immediately. The facts
constituting the need for such an urgency ordinance are that
the City repeatedly has tried to stop such flying in
formation over the City by attempting to contact and
negotiate with state representatives; despite the best
efforts of the City Council and staff such formation flying
and the resulting noise and harm continue and may
escalate. Therefore, it is necessary for this ordinance to
become effective immediately in order to prevent additional
harm to persons and property within the City.
Section 3 . The City Clerk shall certify to the
passage of this ordinance and shall cause the same to be
published and posted as required by law.
PASSED AND APPROVED this 2211.d day of February
19 90.
MAYOR
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elh/ORD2054
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF AZUSA )
I, ADOLPH SOLIS, City Clerk of the City of Azusa,
do hereby certify that the foregoing Ordinance No. 2436
was introduced and adopted as an urgency ordinance at a
special meeting of the City Council on the 22nd day of
February, 1990 by the following 4/5th vote, to wit:
AYES: COUNCILMEMBERS: AVILA, STEMRICH, NARANJO, LATTA, MOSES
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ITY C
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