1990-1212904L
ORDINANCE NO. 0- o2l
AN ORDINANCE AMENDING SEC. 3-14 OF CHAPTER 3 (AIRPORTS AND AIRCRAFT)
OF THE CODE OF ORDINANCES, BY PROHIBITING THE OPERATION OF ULTRA-
LIGHT AIRCRAFT ON THE CITY OF DENTON MUNICIPAL AIRPORT AND WITHIN
THE ESTABLISHED TRAFFIC PATTERNS OF THE CITY OF DENTON MUNICIPAL
AIRPORT; CONTAINING FINDINGS OF FACTS; PROVIDING THAT ANY PERSON
VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A
MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN ANY SUM NOT MORE
THAN TWO HUNDRED DOLLARS ($200.00); AND PROVIDING AN EFFECTIVE DATE
HEREOF.
WHEREAS, the City Manager and his staff have provided the City
Council with information regarding the safety hazards created by
the operation of ultralight aircraft at reliever airports; and
WHEREAS, after careful study, the Airport Advisory Board has
recommended that the City Council approve the regulation of ultra-
light aircraft in the interest of flight safety and the protection
of lives and property; and
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DENTON:
Section I. The City Council of the City of Denton makes the
following findings of fact:
A. The City of Denton owns and operates the City of
Denton Municipal Airport.
B. The City of Denton Municipal Airport has been des-
ignated a reliever airport by the Federal Aviation
Administration.
C. The City of Denton Municipal Airport has in excess
of two hundred (200) based aircraft, and a high
activity of transient aircraft, and a high activity
of aviation instruction programs.
D. Federal Aviation Regulations Part 103.17 prohibit
ultralight operations within an airport traffic
area without prior approval.
E. The City Council of the City of Denton may estab-
lish such fair, equal and not unjustly discrimi-
natory conditions to be met by all users of the
airport, and may prohibit or limit any given type,
kind, or class of aeronautical use of the airport
if such action is necessary:
1. For same and efficient use of the airport;
2. To keep operation activities within ac-
ceptable noise levels; or
3. To serve the civil aviation needs of the
public.
F. The City Council of the City of Denton finds, de-
clares, and determines that an unsafe condition may
be created by ultralight aviation activity on the
City of Denton Municipal Airport, and within its
traffic patterns, due to the speed, maneuverability,
and operational characteristics of the ultralight
aircraft, in relation to the predominant aeronauti-
cal activity at the City of Denton Municipal
Airport.
G. The City Council of the City of Denton finds, de-
termines and declares that the operation of ultra-
light aircraft would create an unsafe condition,
and is not in the best interest of the safe and
efficient use of the airport, nor will such opera-
tion serve the civil aviation needs of the public.
Section II. That Section 3-14 of Chapter 3 of the Code of
ordinances is hereby amended to read as follows:
Sec. 3-14. Ultralight Aircraft.
(a) An ultralight aircraft is defined as an aircraft
which meets the requirements set forth in 14 CFR
103.11 as the same may be amended from time to time.
(b) No person shall operate an ultralight aircraft
on the City of Denton Municipal Airport.
(c) It shall be an affirmative defense to the pros-
ecution of an offense under subsection (b) if the
ultralight operator was experiencing engine failure.
Section III. Any person, as defined in Section 1.07(27),
Texas Pena Co e, who shall violate any provision of the ordi-
nance, shall be deemed guilty of a misdemeanor and upon conviction
shall be punished by a fine not to exceed Two Hundred Dollars
($200.00).
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Section IV. This ordinance shall be effective fourteen (14)
days after its passage and approval. The City Secretary shall
give notice of the passage of this ordinance by causing the cap-
tion hereof to be published in the official newspaper in the City
of Denton at least twice within ten (10) days after the passage
of this ordinance.
PASSED AND APPROVED this the .47/1-11 day of 1990.
ATTEST:
JENNIFER WALTERSt CITY SECRETARY
BY:
A4
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
BY:
ZJ
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