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HomeMy WebLinkAboutOrdinance No. 2441 ORDINANCE NO. 2441 AN 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 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. 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 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 1 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. 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 5th day of March 19_10. 4044*'*% MAYOR 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. 2441 was regularly introduced and placed upon its first ready at a regular meeting of the City Council on the 22nd day of February , 1990. That thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 5th of March , 1990, by the following vote, to wit: AYES: COUNCILMEMBERS: AVILA, STEMRICH, LATTA, MOSES NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NARANJO //: /r;i1V/ ITY C RK -2- pmt/ORN20541