Chapter 8 - AVIATION

Sec. 7.1300. - Federal and State Grants and Contracts. Chapter 9 - BUILDING SECURITY CODE Chapter 8 - AVIATION[1]

Footnotes: --- (1) ---

Editor's note— Ord. of 10-2-1972, § 1, amended this Code by repealing former ch. 8 §§ 8.01—8.50, pertaining to aviation, and enacting in lieu thereof a new ch. 8, §§ 8.01—8.38, as herein set out. Former ch. 8 was derived from Code 1948, §§ 11.01—11.28; Ord. of 9-12-1951; Ord. of 6-11-1952; Ord. of 8-17-1955; Ord. of 1-16-1957; Ord. of 3-11-1959; Ord. of 12-6-1965 and Ord. of 3-27-1967.

ARTICLE I. - DEFINITIONS

Sec. 8.01. - Definitions.

(a)

Defined Terms. The following words and phrases where used herein shall have the meanings herein respectively ascribed to them as follows:

Aeronautical Activities means and includes the landing, taxiing, parking, standing and taking off of aircraft.

Aircraft means any contrivance now known or hereafter invented, used or designed for navigation of, or flight in the air, except for a drone, as defined in section 934.50, Florida Statutes, or a parachute or other contrivance used primarily as safety equipment.

Airport or City Airport means any area of land or water, or easement or other interest therein, or area elevated on any building or other structure now or hereafter located either in the City or located outside the City on property owned, leased, operated, or controlled by the City or the Authority which area is designed for or used for the landing, takeoff, taxiing, parking, or storing of aircraft (whether or not facilities are provided thereat for the shelter, servicing, or repair of aircraft, or for the receiving or discharging of passengers or cargo) together with:

(1)

All appurtenant areas used or suitable for airport buildings or other airport related facilities;

(2)

All appurtenant airport buildings and airport facilities (including, but not limited to the landside and airside buildings and other facilities for the shelter, servicing or repair of aircraft or for the receiving or discharging of passengers or cargo) whether heretofore or hereafter constructed; and

(3)

All appurtenant access roads, service roads and other rights-of-way, whether heretofore or hereafter established.

Air Navigation means the operation or navigation of aircraft in the air space over the City or over any City airport.

Air Navigation Facility means any facility used in, available for use in, or designed for use in, aid of air navigation, including airports, restricted landing areas, and any structures, mechanisms, lights, beacons, marks, communicating systems, or other instrumentalities or devices used or useful as an aid, or constituting an advantage or convenience, to the safe taking off, navigation, and landing of aircraft, or the safe and efficient operation or maintenance of an airport, or restricted landing area, and any combination of any or all of such facilities.

Air Operations Area means any area of an airport used, or intended to be used for landing, takeoff, or surface maneuvering of aircraft, including, but not limited to runways, taxiways, ramps, and aprons.

Airman means any individual, including the person in command and any pilot, mechanic or member of the crew, who engages in the navigation of aircraft while under way, and any individual who is in charge of the inspection, overhauling or repairing of aircraft.

Authority or Aviation Authority means the Greater Orlando Aviation Authority, a public and governmental body, as created by the Greater Orlando Aviation Authority Act, under Laws of Fla. ch. 57-1658, as amended.

City means the City of Orlando, a municipal corporation located in Orange County, Florida.

City Council means the City Council of the City of Orlando from time to time serving.

Commercial Activity means any activity conducted for compensation, direct or indirect, and any activity incidental thereto. Commercial activity shall include, but not be limited to the operation of a commercial, ground passenger transportation activity by means of a taxicab, bus, courtesy vehicle, limousine or other commercial motor vehicle. The charging of dues or fees by any person, whether or not resulting in a profit or gain, shall be deemed to constitute the receipt of compensation, and any activities conducted by such person in consideration therefor shall be deemed to constitute a commercial activity.

Commercial Operations means all operation of aircraft in connection with a commercial activity and shall include, without limitation, the following:

(1)

Operations by a scheduled air carrier not currently holding a permit from the Authority to regularly conduct scheduled air service at an airport;

(2)

Operation of nonscheduled air service for transportation of freight, express, or passengers, or for charter service;

(3)

Scheduled operations, as further defined herein; and

(4)

The giving of flight instruction.

Control means, when used in reference to any property, the right to grant and deny entry thereon or otherwise to dictate the use thereof.

Curbside means curbs adjacent to any terminal building excluding such portions of such curbs designated by appropriate signs as reserve spaces or parking spaces.

Director means the Executive Director of the Greater Orlando Aviation Authority, or, in his absence, the Deputy Executive Director of the Authority.

Flying Club means any profit making or nonprofit organization organized or operated for the primary purpose of leasing or owning one or more aircraft for the use of its members.

Helicopter means a rotary wing aircraft that depends principally upon the life generated by one or more power-driven rotors rotating on substantially vertical axes for its support and motion in the air.

Heliport means an airport or portion of an airport that is used for the landing and taking off of helicopters.

Landing Weight means the maximum gross certified landing weight of a particular make, model and type of aircraft, as approved by the Federal Aviation Administration or other governmental agency having jurisdiction.

Mayor means the Mayor of the City of Orlando from time to time serving.

Motor Vehicle means any vehicle, other than aircraft, which is designed to be or capable of being, propelled under its own power.

Parking Area means any area at any City airport designated by the Director by signs as being set aside for the parking of motor vehicles.

Person means any individual, firm, partnership, corporation, company, association, joint stock association, or body politic; and includes any trustee, receiver, assignee, or other similar representative thereof.

Reserved Parking Space means any parking space designated by the director by one or more signs as being reserved for the parking of motor vehicles operated by the City or the Authority, or their employees, their tenants or patrons, employees or suppliers of their tenants.

Restricted Area means any area at any City airport designated by the Director by one or more signs as being reserved for use by a specified person or class of person and restricted from all others.

Scheduled Operations means all operations of aircraft by scheduled air carriers holding certificates of convenience and necessity from the Civil Aeronautics Board designating Orlando as a service point and holding a valid permit from the Authority authorizing it to conduct such operation at the airport designated therein.

Solicit means to directly or indirectly, actively or passively, openly or subtly, ask (or endeavor to obtain by asking), request, implore, plead for, importune, seek, or try to obtain funds, property, patronage, or anything of economic value.

Solicitation means the act of soliciting.

Taxi means to move an aircraft under its own power when not in flight or actually landing or taking off.

Terminal means a terminal building.

Terminal Building means common use building(s) at a City airport through which passengers regularly pass prior to enplaning or after deplaning from an aircraft, including the landside and airside buildings at Orlando International Airport.

Terminal Complex means the passenger terminal facilities at a City airport, including the terminal building proper and fingers, piers, passenger holding rooms, concourses, operations areas, baggage makeup and baggage claim areas, spectator decks, the parking areas and reserved parking spaces adjacent thereto, and all access roadways and other roadways associated therewith.

Transient Aircraft means an aircraft not using an airport as its principal base of operations.

Vehicle means any device on wheels, treads or runners, or which is propelled across the ground by air pressure, designed or used for the conveying of persons or objects.

(b)

Other Words. Words relating to aeronautical practices, processes, procedures, and equipment shall be construed according to their generally accepted usage in the aviation industry.

(Ord. of 10-2-1972, § 1; Ord. of 5-6-1974, §§ 1, 2; Ord. of 3-15-1982, § 1; Ord. No. 2017-47, § 2, 8-8-2017, Doc. #1708081204)

ARTICLE II. - POWERS AND DUTIES OF THE DIRECTOR[2]

Footnotes: --- (2) ---

Editor's note— Ord. of 3-15-1982, § 1, changed the title of art. II from "Aviation Division" to "Powers and Duties of the Director," and amended § 8.02, previously pertaining to the aviation division, to read as herein set out. Prior to such amendment § 8.02 was derived from Ord. of 10-2-1972, § 1; Ord. of 12-26-1972, § 1; and Ord. of 9-10-1973, § 1.

Sec. 8.02. - Powers and Duties of the Director.

(a)

Subject to the supervision and control of the Authority, the Director shall direct the operation, management, and promotion of the airports and all aviation activities over which the Authority has jurisdiction or is charged under the provisions of the Greater Orlando Aviation Authority Act or the Code of the City of Orlando.

(b)

The Director is authorized to promulgate, adopt, amend and repeal rules and regulations to carry out the provisions of this Chapter and provide for the safe and efficient operation of the airports, including:

(1)

Designating the areas of the airports which are to be air operations and restricted areas.

(2)

Regulating the conduct of persons within the air operations areas, restricted areas, and other areas of each of the airports which he deems necessary and desirable for the safety or welfare of persons, for the protection of property, or for the efficient operation or security of such airport; provided, however, that regulations relating to vehicular traffic on access roads and parking areas at each airport shall be concurred in by the Director and the City Transportation Engineer.

Such rules and regulations shall be adopted in accordance with the procedure prescribed by the Authority. A copy of such rules and regulations shall be maintained at the office of the Director and shall be available for public inspection during normal business hours.

(c)

The powers conferred upon the City Transportation Engineer by the Code of the City of Orlando with respect to the public streets of the City shall jointly and concurrently be exercised by the City Transportation Engineer and the Director with respect to the access roads and parking areas on the airports, whether located within or without the City's corporate limits.

(d)

Any and all powers and duties herein granted to the Director may be delegated by him in writing to one or more employees or agents of the Authority.

(Ord. of 3-15-1982, § 2)

ARTICLE III. - FIRE PROTECTION

Sec. 8.03. - Authorization of the Greater Orlando Aviation Authority Fire Department.

Pursuant to the provisions of Laws of Fla. ch. 75-464, § 15, the Greater Orlando Aviation Authority is hereby authorized to operate a fire department at Orlando International Airport to provide fire protection, crash and rescue services, subject to terms, restrictions, limitations, qualifications and regulations of and upon the Authority.

By acceptance of the herein granted approval and authority to provide fire protection, crash and rescue services as evidenced by the Greater Orlando Aviation Authority (hereinafter called "Authority") providing fire protection, crash or rescue services, the Authority assumes and accepts the exclusive right, duty and responsibility to provide the management, personnel and equipment necessary to provide full and adequate fire protection, crash and rescue services at Orlando International Airport in accordance with all applicable laws, ordinances and regulations of the federal, state or local governments or any agencies thereof.

In addition, by acceptance of the herein granted approval and authority to provide fire protection, crash and rescue services as evidenced by the authority providing such services, the authority shall indemnify, defend and save harmless the City of Orlando, its authorized agents, representatives and employees for damages or for compensation for any injuries or accidents of whatever nature or kind, to persons, animals or property, or for the violation of any law, ordinance, or regulations, due or claimed to be due, either directly or indirectly services or to the act, negligence, error or omission of the Authority, its subcontractors, agents, or employees in connection with or arising out of the performance of fire protection, crash or rescue services and the Authority shall pay all expenses, judgments, costs and attorneys' fees for any appeal, in defending against any such claim made against the City or any of the persons above enumerated.

(Ord. of 9-26-1977, § 1)

Sec. 8.04. - Authorization of the Greater Orlando Aviation Authority to Arrange for Fire Protection, Crash and Rescue Services at Orlando Executive Airport.

Pursuant to the provisions of Laws of Fla. Ch. 98-492, § 18(b), the Greater Orlando Aviation Authority is hereby authorized, in the discretion of its board and subject to Federal Aviation Administration regulations, to provide its own fire protection, crash and rescue services at Orlando Executive Airport, or to arrange for such services with any federal, state, municipal or county agency or any private firm in the business of providing such services.

(Ord. of 3-27-1978, § 1; Ord. No. 2024-7, § 1, 2-5-2024, Doc. #2402051204)

ARTICLE IV. - AIRPORTS

Sec. 8.05. - Airports to be Deemed Private Property.

All airports now or hereafter existing, and the property comprising the same, shall be deemed to be held and operated by the City and Authority in a proprietary capacity, and the City as owner and the Authority as the operator shall have all rights with respect thereto as a private owner and operator thereof would have. Those areas on airports which now are, or hereafter may be, used for vehicular traffic, including but not limited to access roads and parking areas, are not dedicated to or for the use of the public as public streets and are not a part of the public street system of the City; the land on which such access roads and parking areas are, or may hereafter be located is declared to be an integral part of the airport on which such access road or parking area is located. No person shall have any vested right to use an airport or any portion thereof except to such extent as may be granted by the Authority, or its duly designated representatives, through the issuance of a permit or other authorized procedure.

(Ord. of 10-2-1972, § 1; Ord. of 3-15-1982, § 3)

Sec. 8.06. - Applicability of Other Laws on Airports.

(a)

Applicability of Federal Laws Relating to Air Traffic. In order to protect and prevent undue burdens upon air commerce, the air-traffic rules promulgated by and under the authority of the laws of the United States shall be deemed a controlling part of this Chapter, whether the aircraft is engaged in a commercial or noncommercial activity, or in foreign, intrastate or interstate navigation or flights, and whether or not the aircraft is registered or is navigating or flying in a civil airway. All laws and regulations pursuant thereto governing air traffic and aircraft operations now or hereafter enacted by congress or promulgated pursuant to its authority are hereby adopted by reference, made a part hereof, and declared applicable to all airports, as fully as if the same were completely set forth herein, and this Chapter shall be deemed to be supplemental and additional thereto and in aid thereof. In the event that any provision of this Chapter or any other ordinance of the City, or any regulations promulgated under any such ordinance shall be repugnant to any such federal law or regulation governing air traffic and aircraft operations, such federal law or regulation shall be controlling. The City and Aviation Authority retains the right, however, to set and require higher or more restrictive criteria unless expressly prohibited from doing so by such federal laws or regulations.

(b)

Ground Traffic Laws and Ordinances. All traffic laws of the State of Florida and all ordinances and regulations of the City applicable in any manner to the public streets generally of the City, or to the use thereof or traffic thereon, shall apply to and be in force with respect to the access roads and parking areas at the airports and to the use thereof and traffic thereon, and any provision now or hereafter contained in the Code of the City of Orlando applicable to public streets within the City shall apply to access roads and parking areas on the airports whether or not such airports are located within the City; and traffic control devices, signs and markings placed upon such access roads and parking areas shall have the same force, effect and application as upon public streets of the City; provided, however, that any ordinance or regulation which by its terms or the necessary intendment of the context thereof, is expressly applicable to one or more access roads or parking areas at one or more airports, and which may be in conflict with or inconsistent with any law, ordinance or regulation applicable to the public streets generally, shall be controlling with respect to such access roads and parking areas; provided further, however, that any law, ordinance, or regulation applicable to the public streets generally which confers upon any person a right to use the public streets of the City shall have no application to the access roads and parking areas of any airport, or portion thereof.

(c)

Applicability of Other Laws. All laws of the United States and the State of Florida, and all ordinances of the City of Orlando, and all rules and regulations promulgated under any of the foregoing are made a part hereof and declared applicable on the property of each airport as fully as if the same were completely set forth herein. Any provision now or hereafter contained in the Code of the City of Orlando, which by its terms is applicable to "the municipal airport" shall be applicable to all airports unless the provisions thereof could only reasonably be applied to the Orlando Executive Airport which was formerly known as Herndon Municipal Airport. In the event that any provision of any such law, ordinance or regulation shall be repugnant to or in conflict with this Chapter or any regulation promulgated hereunder, this Chapter and the regulations promulgated hereunder shall be controlling.

(Ord. of 10-2-1972, § 1)

Sec. 8.07. - Use of City Airports Prohibited Without Permission; Compliance With Law.

(a)

General Prohibition. Unless otherwise provided by the Authority, no person, except air passengers and their parties, and except the patrons, guests, invitees, licensees, and employees of persons holding permits to engage in aeronautical activities or commercial activities, shall enter upon or use the facilities of an airport without first obtaining permission from the Authority, as may lawfully be required.

(b)

Compliance with Law. Any permission granted by the City herein or pursuant hereto, and any permission granted by the Authority pursuant to this Chapter or the Greater Orlando Aviation Authority Act, either directly or indirectly, expressly or by implication, to any person to enter or to use an airport, or any part thereof, is conditioned upon strict compliance with this Chapter as from time to time amended, and all valid rules, regulations, policies, and procedures, promulgated by the Authority.

(Ord. of 10-2-1972, § 1; Ord. of 3-15-1982, § 4)

Sec. 8.08. - Permitted Use by General Public.

Members of the general public shall be permitted to use those areas of the City's airports designated by the Director for use by the general public for the purposes for which such areas are intended and designated to be used; provided, however, that no member of the general public shall use any such airport or any part thereof for the conduct of any commercial activity without first obtaining permission from the Authority authorizing him to conduct such commercial activity at such airport. The use of any such airport by any person for the purpose of enplaning or deplaning on a flight conducted in connection with a commercial activity shall not be deemed to constitute the conduct of a commercial activity for purposes of this Chapter. The providing of transportation to any person without charge to or from any airport shall not be deemed to constitute the conduct of a commercial activity, even though the person so transported is a business associate, customer or prospective customer of the person furnishing such transportation, unless such transportation is provided by means of a vehicle required to be permitted pursuant to Section 8.09 hereof.

(Ord. of 10-2-1972, § 1; Ord. of 3-15-1982, § 5)

Editor's note— Ord. of 3-15-1982, § 6, repealed § former 8.08, relative to use of the airport by suppliers of airport tenants. Said section was derived from Ord. of 10-2-1972, § 1.

Sec. 8.09. - Commercial Activities.

(a)

Permit Required. Except as provided in Section 8.08 or otherwise provided by the Authority, no person shall conduct any commercial activity on an airport unless he first obtains a permit as defined herein from the Authority authorizing him to conduct such commercial activity at such airport.

(b)

Other Permits. The holding by a person of an occupational license, issued by the City, authorizing the holder thereof to conduct a specified commercial activity within the City shall not authorize the holder thereof to conduct such commercial activity at any airport. The holding by a person of a permit issued by the Authority authorizing the holder thereof to conduct a specified commercial activity at an airport shall not relieve such holder of his obligation to obtain any occupational or other licenses required by law to be obtained from the City, Orange County, the State of Florida or the United States. A permit, license, or certificate issued by the City, Orange County, the State of Florida, or the United States authorizing any person to operate an air or ground transportation business or service between any airport and any other location shall not be deemed to entitle the holder thereof to enter upon the property of any airport. The said permit, license, or certificate shall only apply with respect to the public roads of the State of Florida, Orange County, and the City and the airways subject to the jurisdiction of the United States, and shall not apply to any air operations area, access road, terminal complex or parking area on any airport. The holding by any person of a permit issued by the Authority authorizing the holder thereof to conduct a commercial air or ground transportation business on the property of an airport shall not relieve such holder of his obligation to obtain from the City, Orange County, the State of Florida, or the United States, such other permits, licenses, or certificates as may be required by law.

(c)

"Permit" Defined. The term "permit" as used herein shall include leases, space use permits, concession agreements, franchise agreements, landing fee agreements, and other written or oral grants of permission from the Authority to use an airport, or part thereof, for the conduct of a commercial activity, as may be lawfully required and issued.

(Ord. of 10-2-1972, § 1; Ord. of 3-15-1982, § 7)

Sec. 8.10. - Aeronautical Activities at Airports; Permission Required.

No person shall conduct any aeronautical activities at any airport without first obtaining a written or verbal permission from the director or his representative. All persons conducting aeronautical activities at an airport pursuant to such permission shall conduct such activities pursuant to the provisions of this Chapter.

(Ord. of 10-2-1972, § 1)

Sec. 8.11. - Assumption of Liability.

When permission shall be granted by the Authority to any person to use an airport or any part thereof, or to fly to, from and over the same, such permission at all times shall be conditioned upon the assumption of such person of all liabilities and consequences arising out of activities conducted by such person pursuant to such permission, as well as all other activities occurring or conducted at the airport. Such person, as a consideration for the use of such airport or any of the facilities thereof, shall release, hold harmless and indemnify the City, the Authority, the director and all officers, employees, and agents of the City, and the Authority from any and all responsibility, liability, loss or damage resulting to it or them, or caused by or on his behalf and incident to the manner in which the airport or its facilities shall be used.

(Ord. of 10-2-1972, § 1)

Sec. 8.12. - Personal Conduct.

(a)

Restricted Areas. No person shall enter or go upon any area of any City airport designated by the director as being restricted without first obtaining permission of a person duly authorized by the director to supervise the use of such restricted area.

(b)

Air Navigation Hazards. No person shall operate or release any model aircraft, rocket, kite, balloon, parachute, or other similar contrivance at or upon any airport without the prior written approval of the director. Such prohibition shall not extend to the use of weather balloons by any airport weather station when such activity is conducted as a regular operational function of such station.

(c)

Weapons. It is hereby made unlawful for any person to carry or transport on the property of any airport any weapon, as defined in Chapter 790, Florida Statutes, without first obtaining the permission of the director or his or her authorized representative.

(d)

Explosives and Flammable Material. It is hereby made unlawful for any person to carry any explosives or flammable material at an airport without first having obtained the permission of the director; provided, however, that this sentence shall not apply to:

(1)

Flammable fuel contained in fuel tanks of motor vehicles and aircraft;

(2)

Matches;

(3)

Lighter and cleaning fluid in containers not greater than one-half pint in capacity.

(4)

Ammunition, or components thereof, as defined in Chapter 790, Florida Statutes.

(e)

Solicitation and Polls. No person shall solicit business, alms, or funds for any purpose or conduct any poll on the property of an airport without first having obtained permission from the director. Persons who have obtained permission to conduct a commercial activity at a City airport may solicit business at such airport only to the extent and in the manner thereby authorized.

(F)

Advertising and Display. No person shall post, distribute, or display signs, advertisements, literature, circulars, pictures, sketches, drawings, handbills, or other forms of printed or written matter at an airport without first having obtained permission from the director.

(g)

Driving in Air Operations Areas. No person shall operate any vehicle in violation of any sign posted by the director within the air operations area of any airport, nor shall any person drive any vehicle within the air operations area of any airport in a careless manner so as to endanger the lives or safety of persons or property in the vicinity.

(Ord. of 10-2-1972, § 1; Ord. of 9-21-1987, Doc. #21520; Ord. No. 2011-40, § 1, 11-3-2011, Doc. #1110031102)

Sec. 8.13. - Aeronautical Activities at City Airports.

(a)

Aircraft Restrictions at Orlando Executive Airport. All aircraft weighing one hundred thousand (100,000) pounds or over must have prior approval of the director or his designated representative to land at Orlando Executive Airport.

(b)

Applicable landing fees shall be payable to the Aviation Authority or its duly authorized representatives immediately upon landing at any City airport, unless credit arrangements theretofore have been made with the Director.

(c)

Aircraft at Orlando Executive Airport are restricted from "running-up" aircraft engines between the hours of 2300 (11:00 p.m.) and 0600 (6:00 a.m.) for maintenance or testing purposes. This procedure shall not be construed to prohibit pre-takeoff engine checks. Sec. 8.14. - Lien for Charges.

The Authority shall have and exercise a lien as permitted by law to enforce payment for all charges, fees and tolls for storage, commercial privileges and other services rendered, or for or on account of any aircraft landing upon or stationed at or upon any City airport. Such lien shall be of the character and enforced in the manner provided by the laws of the state for other liens on personal property. No person shall remove any aircraft or other property held under any such lien unless written authority is given therefor to such person by the director or his authorized representative.

Editor's Note—Former § 8.14, pertaining to commercial ground transportation, was repealed by Ord. of 6-8-1981, § 1. Said section was derived from Ord. of 10-2-1972, § 1, and Ord. of 9-29-1980, § 1.

ARTICLE V. - AERONAUTICAL ACTIVITIES

Sec. 8.15. - General Prohibition of Aeronautical Activities.

(a)

It shall be unlawful for any person to conduct any aeronautical activities on any property located within the City or on any property outside the City which is controlled by the City or Aviation Authority except as expressly permitted by this Chapter, or otherwise permitted by the Authority with respect to property under its control.

(b)

It shall be unlawful for any person to permit aeronautical activities to be conducted on property owned or controlled by him, except as expressly permitted by this Chapter, or otherwise permitted by the Aviation Authority with respect to property under its control.

(Ord. of 10-2-1972, § 1)

Sec. 8.15-1. - Seaplane Landings Prohibited.

(a)

No person shall land a seaplane in, over, or upon any public waters within the corporate limits of, or under the jurisdiction and control of, the City of Orlando except in case of a legitimate emergency as provided in Section 8.16.

(b)

The prohibition contained in subsection (a) shall not apply to seaplanes owned or operated by a governmental agency when such aircraft are being operated in the performance of work by employees of said agencies in the course and scope of their employment.

(Ord. of 9-21-1987, Doc. #21519)

Sec. 8.16. - Emergency Landings.

Nothing contained in this Chapter shall be deemed to make it unlawful to conduct an emergency landing of an aircraft necessitated by a malfunction of the aircraft, illness of the pilot, a fuel shortage or inclement weather. An allegation that a particular landing was such an emergency landing shall be an affirmative defense to a prosecution for a violation of the provisions of this Chapter and the person making such defense must establish by clear and convincing evidence (i) that such landing was necessitated by one of the aforesaid conditions, and (ii) that the person making such landing did not willfully cause the condition making such emergency landing necessary. Nothing contained in this paragraph shall be deemed to relieve any person of any civil liability arising out of such emergency landing.

(Ord. of 10-2-1972, § 1)

Sec. 8.17. - Permitted Aeronautical Activities of Helicopters.

(a)

Aeronautical Activities by Government Helicopters. Helicopters operated by the City, the County of Orange, the State of Florida, or the United States, or any agency or instrumentality thereof (hereinafter referred to as "governmental units"), may conduct aeronautical activities on any Type A heliport controlled by such governmental unit, or on any property within the City or on property controlled by the City or the Aviation Authority located outside the City when engaged in official governmental business if such activities can safely be conducted and if:

(1)

The person in control of the property on which such aeronautical activities are conducted consents thereto; or

(2)

Such activities are conducted in response to an emergency and there is not sufficient time to obtain the consent of the person in control of the property on which such activities are conducted; or

(3)

Entry upon such property is made pursuant to a validly issued search warrant.

Nothing contained in this paragraph shall be deemed to expand or limit the civil liability, if any, of any governmental unit for trespass to property or for death or injury to persons or damages to property arising out of the conduct of such aeronautical activities.

(b)

Aeronautical Activities by Rescue Helicopters. Helicopters operated by hospitals and air ambulance services which hold rescue helicopter permits issued by the City may conduct aeronautical activities on the following property under the following conditions:

(1)

On the Type B heliport at which such helicopter is based;

(2)

On any heliport with the consent of the person in control of such heliport; and

(3)

On any property if such aeronautical activities can be safely conducted, and if such activities are reasonably necessary to preserve human life;

provided, however, that nothing contained in this subsection shall be deemed to expand or limit the civil liability, if any, of any person in control of such rescue helicopter for trespass or for any damages arising out of such conduct of aeronautical activities.

All rescue helicopters shall be clearly identifiable as such and shall have the name of the hospital or air ambulance service operating the same indicated on the vehicle. Each rescue helicopter shall be equipped with a siren and a flashing red dome light or a rotating beacon light which siren and light shall be used when conducting aeronautical activities on any property which is not a heliport unless the pilot thereof is otherwise instructed by the Orlando Police Department. Each rescue helicopter shall be equipped with a two-way radio tuned to a frequency authorized by the City for use by rescue helicopters. No rescue helicopter may conduct aeronautical activities on any property within the City or controlled by the City or Aviation Authority which is not a heliport without first notifying the Orlando Police Department so that it may take such safety measures, including, but not limited to the closing of streets or erecting of barricades, as it deems necessary or desirable under the circumstances.

(Ord. of 10-2-1972, § 1; Ord. of 5-7-1984, Doc. #18543)

Sec. 8.18. - Aeronautical Activities by Helicopters Other Than Governmental and Rescue Helicopters.

(a)

On Type C Heliports. Helicopters operated by or in behalf of any person in control of any Type C heliport may conduct aeronautical activities on such heliport.

(b)

On Types A, D, E or F Heliports. Helicopters may conduct aeronautical activities on any Type A, D, E or F heliport with the consent of the person in control thereof.

(c)

On Property Other Than Heliports or City Airports. Helicopters may conduct aeronautical activities on property which is not a heliport or City airport only after first obtaining a special aeronautical activity permit from the City.

(d)

Limitations. Nothing contained in this section shall be deemed to authorize helicopters to conduct aeronautical activities on buildings or other manmade structures which are not heliports or to authorize helicopters to conduct aeronautical activities on heliports which are not designed to be safely used by such helicopters.

(Ord. of 10-2-1972, § 1)

Sec. 8.19. - Helicopter External-Load Operations; Notice Requirement.

(a)

"Helicopter external-load operation" is defined as any operation or activity performed by a helicopter where an object is carried or extends outside the fuselage of the helicopter for the purpose or with the intent that such object shall be deposited or placed on or in a building, structure, or other property, within or over the City or outside the City on or over property subject to control by the City or the Aviation Authority.

(b)

Any person, other than the operator of a rescue helicopter engaged in any aeronautical activity permitted by this Chapter, and other than the operator of a governmental helicopter engaged in any aeronautical activity permitted by this Chapter, who desires to cause any helicopter to conduct an external-load operation shall, not less than fourteen (14) days prior to the date such external-load operation is proposed to be conducted, file with the Chief of Police of the City of Orlando or his designee four (4) copies of a notice of intent to conduct such operation. Such notice shall contain the following information:

(1)

The name, address and telephone number of the person proposing to conduct such operation.

(2)

A description, including type, make, model, dimensions and landing weight of the helicopter.

(3)

A description of the object to be carried, including dimensions and weight thereof.

(4)

A description of the external-load operation proposed to be conducted, including the altitude and route to be followed by the helicopter.

(5)

A description of the building, other man-made structure, or other property in or on which the external load will be placed or deposited.

(6)

The date and time or times at which such operation is proposed to be conducted.

(c)

Upon receipt of the notice described in subsection (b) above, the Chief of Police or his designee shall deliver one copy thereof to the Executive Director of the Greater Orlando Aviation Authority and one copy thereof to the Fire Chief.

(d)

The Executive Director of the Greater Orlando Aviation Authority or his representative shall review the notice, inspect the area in which the external-load operation is proposed, and advise the Chief of Police of:

(1)

Any aeronautical matter he deems material to the conduct of the proposed external-load operation; and

(2)

Any aviation procedure which should be instituted in connection therewith for reasons of air safety.

(e)

The Fire Chief or his representative shall review the notice, inspect the area in which the external-load operation is proposed, and advise the Chief of Police of:

(1)

Any fire protection matter he deems material; and

(2)

Any fire protection procedure he deems should be instituted in connection with the proposed external-load operation.

(f)

The Chief of Police or his representative shall review the notice, inspect the area in which the external-load operation is proposed for:

(1)

Any pertinent enforcement, traffic control or ground safety problem which may be created by the conduct of the proposed operation; and

(2)

Any police procedure, including, but not limited to, the erection of barricades, redirecting of vehicular and pedestrian traffic, and the providing of ambulances, which he deems should be instituted in connection with the conduct of such operation.

(g)

Upon receipt by the Chief of Police of the foregoing advice he shall consider the notice and shall, in writing, either concur or nonconcur with the proposed external-load operation. The Chief of Police shall so inform the person proposing to conduct such operation and shall also forward to the appropriate district office of the Federal Aviation Administration, having jurisdiction over the area in which the operation is to be conducted, a copy of the concurrence or nonconcurrence.

(h)

If approval of the proposed external-load operation is obtained from the appropriate Federal Aviation Administration district office, having jurisdiction over the area in which the operation is to be conducted, the person proposing to conduct such operation shall inform the Chief of Police thereof a minimum of twenty-four (24) hours prior to the time of commencement of such operation.

(i)

Nothing contained in this section shall be deemed to authorize any helicopter to conduct any aeronautical activity on a building, or other man-made structure, or on other property not a heliport or to authorize any helicopter to conduct any aeronautical activity on a heliport which is not designed to be safely used by such helicopter.

(Ord. of 8-26-1974, § 1; Ord. of 9-28-1981, § 1)

Sec. 8.20. - Aeronautical Activities by Lighter-Than-Air Aircraft and Gliders.

Lighter-than-air aircraft and gliders may conduct aeronautical activities on property located within the City or on property outside the City which is controlled by the City or the Aviation Authority only after obtaining a special aeronautical activity permit from the City; provided that lighter-than-air aircraft and gliders may conduct aeronautical activities on airports with the prior consent of the Director.

(Ord. of 10-2-1972, § 1)

Sec. 8.21. - Classification of Heliports.

(a)

Class I Heliports. Private heliports and heliports operated by governmental units which are not generally made available for use by the general public shall be designated as Class I heliports. There shall be four (4) types of Class I heliports, to wit:

(1)

Type A Heliports. A "Type A heliport" is a heliport operated and controlled by the City or the Aviation Authority or operated and controlled by a governmental unit other than the City or the Aviation Authority pursuant to a permit issued by the City and used primarily by helicopters operated by the City or such other governmental unit in the conduct of official governmental business.

(2)

Type B Heliports. A "Type B heliport" is a heliport operated by a hospital or air ambulance service under a permit issued by the City and used primarily by helicopters operated by such hospital or air ambulance service for the transportation of sick or injured persons, medical personnel, and medical supplies; Type B heliports may not be used for the loading or unloading of passengers, baggage or freight carried for hire and no charge may be made or paid for the use thereof.

(3)

Type C Heliports. A "Type C heliport" is a privately owned heliport operated pursuant to a permit issued by the City for use only by helicopters operated by or in behalf of the person to whom such permit is issued. Type C heliports may not be used for the loading or unloading of passengers, freight or baggage carried for hire.

(4)

Type D Heliports. A "Type D heliport" is a privately owned heliport operated pursuant to a permit issued by the City for use only by helicopters operated by or in behalf of the person to whom such permit is issued or by helicopters operated by guests and invitees of such person. Type D heliports may not be used for the loading or unloading of persons, freight or baggage carried for hire, and no charge may be made or paid for the use thereof.

(b)

Class II Heliports. Heliports, other than those included in the Class I heliport classification, having landing and takeoff area dimensions sufficient to accommodate any of the various models of helicopters in the "normal" category, the airworthiness requirements of which are defined in the Federal Aviation Regulations, Part 27, are hereby designated as Class II heliports.

(c)

Class III Heliports. Heliports, other than those included in the Class I heliport classification, having landing and takeoff area dimensions sufficient to accommodate any model of helicopter in the "normal" and "transportation" categories, the airworthiness requirements of which are defined in the Federal Aviation Regulations, Part 27 and 29, are hereby designated as Class III heliports.

(d)

Types of Class II and III Heliports.

(1)

Class II and III heliports operated by the City or the Authority for use by the general public are hereby designated as Type E heliports.

(2)

Class II and III heliports operated by any person other than the City or the Authority are hereby designated as Type F heliports.

(e)

Subclasses of Heliports. Class I, II and III heliports are further subclassified according to their available helicopter support facilities as follows:

(1)

Subclass A Heliports. A "Subclass A heliport" is a heliport having only minimum support facilities, with no buildings, maintenance or fueling facilities.

(2)

Subclass B Heliports. A "Subclass B heliport" is a heliport having limited support facilities with no maintenance or fueling facilities.

(3)

Subclass C Heliports. A "Subclass C heliport" is a heliport having complete support facilities, including maintenance and fueling facilities.

(Ord. of 10-2-1972, § 2)

Sec. 8.22. - Reserved.

Editor's note— Former § 8.22 was repealed by the city council on 6-24-1985, Doc. #19545.

Sec. 8.23. - Establishment by the City of Type A and Type E Heliports.

The City or the Authority may establish and operate one or more Type A and Type E heliports. Nothing contained in Chapter 58 of this Code shall be deemed to prevent the establishment or operation by the City or the Aviation Authority of Type A or Type E heliports pursuant to the provisions of this section.

(Ord. of 10-2-1972, § 1)

Sec. 8.24. - Establishment by Governmental Units, Other Than the City, of Type A Heliports.

Upon the application of a governmental unit, other than the City or the Aviation Authority for permission to establish and operate a Type A heliport for use primarily by helicopters engaged in the official business of such governmental unit, the City may grant a Type A heliport permit to such governmental unit permitting the establishment and operation by it of a Type A heliport at the location described in the permit. Nothing contained in Chapter 58 of this Code shall be deemed to prevent the establishment or operation of such Type A heliport if a permit therefor is issued pursuant to this section.

(Ord. of 10-2-1972, § 1)

Sec. 8.25. - Issuance of Permits for Type B, C, D, and F Heliports.

(a)

Type B Heliports. Upon the application of a hospital or air ambulance service for a permit to establish and operate a Type B heliport primarily for use by its rescue helicopters in the conduct of the hospital or air ambulance business conducted by it, the City may grant a Type B heliport permit to such hospital or air ambulance service permitting the establishment and operation by such applicant of a Type B heliport at the location described in the application. Nothing contained in Chapter 58 of this Code shall be deemed to prevent the establishment or operation of a Type B heliport if a permit therefor is issued pursuant to this subsection.

(b)

Type C, D, and F Heliports. Subject to the limitations, if any, contained in Chapter 58 of this Code, the City, upon the application of any person for a permit to establish and operate a Type C, D or F heliport, may grant a permit to such person permitting him to establish and operate a heliport of the type, class and subclass described in such application at the location described in such application.

(Ord. of 10-2-1972, § 1)

Sec. 8.26. - Reserved.

Editor's note— Former § 8.26 was repealed by the city council on 6-24-1985, Doc. #19545.

Sec. 8.27. - Insurance.

Each person to whom a heliport permit is issued by the City, throughout the period during which such heliport is being operated thereunder for the conduct of aeronautical activities, shall at such person's own cost and expense, procure and maintain in full force and effect an insurance policy or policies providing comprehensive public liability and property damage insurance, in a company or companies approved by the Director of Planning and Development and in form satisfactory to the Director of Planning and Development, insuring the City, the Authority, and their officers, agents, servants and employees and indemnifying said parties and the public against loss or liability for damages for bodily injury, death and property damage occasioned by reason of the operations of such heliport and the use or attempted use thereof by helicopters, with minimum liability limits for bodily injury or death of three hundred thousand dollars ($300,000.00) per person and one million dollars ($1,000,000.00) per accident, with minimum liability limits for property damage of five hundred thousand dollars ($500,000.00) and extended coverage insurance with minimum limits of two million dollars ($2,000,000.00). As an alternative to the foregoing provision, such person may file with the Director of Planning and Development a duly executed certificate by one or more insurance companies approved by the Director of Planning and Development to the effect that existing insurance of such person is extended in favor of the City, the Authority and the above named parties, covering such liabilities of the nature and extend heretofore stated, and said certificate shall be reexecuted so as to evidence continued maintenance, throughout the period such heliport is operated pursuant to such permit, of said insurance in said limits in favor of the City, the Authority and the above named parties. Said policy or certificate shall contain a provision that a written notice by the insurer of cancellation, or of any material change or reduction in coverage in said policy, shall be delivered to the City Clerk and the Director of Planning and Development ten (10) days in advance of the effective date thereof. Copies of any of the aforesaid policy or policies, including any policy referred to by said certificate of insurance, shall be delivered to the Director of Planning and Development upon issuance.

(Ord. of 10-2-1972, § 1; Ord. of 11-3-1986, Doc. #20736)

Sec. 8.28. - Heliport Permits and Renewal Permits.

(a)

Duration. Heliport permits and renewal permits shall be issued for a twelve (12) month period beginning on the first day of November of each year and ending on the thirty-first day of October of the following year.

(b)

Form. Each heliport permit and renewal permit shall be evidenced by a certificate which shall be prepared and issued by the Director of Planning and Development in the manner and form prescribed by him and which shall state upon the face thereof, among other things, the following:

(1)

The name of the person to whom issued;

(2)

The location of the heliport; and

(3)

The type, class and subclass of such heliport.

Such certificates shall be issued in triplicate, one copy of which shall be delivered to the permittee, one copy to the Director, and the other copy of which shall be retained in the files of the Director of Planning and Development.

(c)

Permit Fees. The permit fee herein required shall become due and payable upon the issuance of such permit as follows: EXPAND Type Class Subclass Permit Fee  A I A, B, or C $ 10.00  B I A 20.00  B I B 25.00  B I C 30.00  C I A 100.00  C I B 125.00  C I C 150.00  D I A 125.00  D I B 150.00  D I C 175.00  F II A 300.00  F II B 400.00  F II C 500.00  F III A 600.00  F III B 700.00  F III C 800.00

(d)

Renewal Permit Fees. Any person holding a heliport permit who desires to renew the same for a twelve (12) month period commencing on the following November 1, shall on or before October 1 next preceding such November 1, file a request for renewal with the Director of Planning and Development and pay a renewal permit fee equal to one-half (½) of the initial permit fee applicable to the type, class and subclass heliport for which such renewal permit is sought. Upon receipt of the foregoing request and fee the Director of Planning and Development shall issue a certificate evidencing the renewal of such permit.

(Ord. of 10-2-1972, § 1; Ord. of 11-3-1986, Doc. #20736)

Sec. 8.29. - Revocation of Heliport Permits.

The City may, after notice and after providing an opportunity for a hearing before the City Council, revoke any heliport permit issued hereunder if:

(a)

It determines that alteration of the physical profile of the area surrounding the heliport renders the continued operation thereof unsafe; or

(b)

If it finds a violation of any provision of law thereto pertaining.

(Ord. of 10-2-1972, § 1)

Sec. 8.30. - Operations at and Maintenance of Heliports.

(a)

Safety Generally. It shall be unlawful for any person to operate, or maintain a heliport in an unsafe condition; to permit reckless and unsafe aeronautical activities thereon, or to permit any aeronautical activities to be conducted thereon other than those specified in the permit issued with respect thereto, or to operate or maintain said heliport in violation of this Code, or State or Federal laws thereto pertaining.

(b)

Fire Safety.

(1)

It shall be unlawful for any person controlling or operating a heliport located upon any building or other structure to allow such heliport to be used for fueling, defueling, repair or maintenance of helicopters, except as may be provided by regulation for emergency conditions, unless such activity was clearly indicated on the plans submitted to and approved by the city and such activity is in accordance with all requirements of Chapter 24 of the City Code, the Fire Prevention Code.

(2)

Each heliport shall be operated by personnel trained and instructed in the use of fire extinguishing equipment.

(3)

Smoking shall be prohibited on all roof areas whereon an elevated heliport is located and within one hundred (100) feet of the air operations area of any ground level heliport.

(4)

Approved fire alarm signaling devices and such fire extinguishing equipment as may by regulation be deemed necessary by the Fire Chief shall be provided at each heliport.

(c)

Parking. Tie-downs and an auxiliary source of power for starting shall be provided at each heliport to be utilized for extended helicopter parking.

(d)

Air Operations Area, Cleanliness. No water, dust, sand, fuel, or debris shall be permitted to stand on the air operations area of any heliport.

(e)

Other Requirements. All requirements of the Federal Aviation Administration relating to the operation, maintenance and use of heliports are incorporated herein by reference and shall be fully complied with by the operators and users of every heliport; provided, however, that any requirement herein contained which is more restrictive than the corresponding Federal Aviation Administration requirement shall be complied with in lieu of the corresponding Federal Aviation Administration requirement.

(f)

Inspection. The Building Officials, the Director, and the Fire Chief shall have the authority to make periodic inspections of heliports to see that all requirements of this Chapter are being complied with.

(Ord. of 10-2-1972, § 1; Ord. of 5-7-1984, Doc. #18543)

Sec. 8.31. - Rescue Helicopter Licenses.

Each hospital or air ambulance service desiring to operate one or more rescue helicopters within the City shall apply to the City for a rescue helicopter license for each rescue helicopter to be operated in the City by such hospital or air ambulance service. Such application shall set forth the make and type of each helicopter to be used and the landing weight thereof. The provisions of Article IX of Chapter 30 of this Code relating to private ambulance services shall be applicable to rescue helicopters and each rescue helicopter shall be deemed to be an "ambulance" and a "vehicle" for the purposes of such article; the annual license fee for each rescue helicopter shall be the same as the annual ambulance license fee provided for by Section 30.72 and Section 36.35 of this Code. The operator of each rescue helicopter shall carry, with respect to each such rescue helicopter, public liability insurance with limits and coverage identical to that required by Section 8.27 hereof insuring against any liability or loss arising out of the operation thereof.

(Ord. of 10-2-1972, § 1)

Sec. 8.32. - Special Aeronautical Activity Permits.

Any person, other than the operator of a rescue helicopter engaged in aeronautical activities permitted by this Chapter, and other than the operator of a governmental helicopter engaged in aeronautical activities permitted by this Chapter, who desires to cause any helicopter to conduct any aeronautical activities on any property which is not a heliport of the type on which it is authorized by this Chapter to conduct aeronautical activities, and any person who desires to operate any aircraft on any property within the City or any property located outside the City which is controlled by the City or the Authority in a manner not specifically permitted by the foregoing provisions of this Chapter and the regulations promulgated hereunder shall, not less than fourteen (14) days prior to the date such aeronautical activities are proposed to be conducted, file with the Chief of Police four (4) copies of an application for a special aeronautical activity permit and pay an application processing fee of fifty dollars ($50.00). Such application shall contain the following information:

(a)

The name and address of the applicant;

(b)

A description, including type, make, model, dimensions and landing weight of the aircraft;

(c)

A description of the property on which the aeronautical activities are proposed to be conducted, the name of the person in control thereof, together with such person's affidavit stating he controls such property and consents to the conduct of such aeronautical activities therein (provided, however, that, if the property proposed to be so used is property controlled by the City or the Aviation Authority, the application shall contain a request for the granting of such consent in lieu of such affidavit);

(d)

A description of the aeronautical activities proposed to be conducted;

(e)

The date and time or times at which such activities are proposed to be conducted;

(f)

The reason for desiring to conduct such aeronautical activities on such property;

(g)

Evidence that the applicant can obtain the insurance required to be carried by this subsection; and

(h)

Evidence that the Federal Aviation Administration has determined that the proposed aviation activities may be safely conducted on such property.

Upon receipt of such application, the Chief of Police shall deliver one copy thereof to the Director, one copy thereof to the Fire Chief, and one copy thereof to the Mayor. The Director, or his representative shall review the application, inspect the said property and advise the Mayor, or his designee, of:

(a)

Any aeronautical matters he deems material to the conduct of the proposed activities;

(b)

Any aviation procedures which should be instituted in connection therewith for reasons of air safety; and

(c)

The estimated cost to the City of instituting such procedures.

The Fire Chief or his representative shall review the application, inspect the said property, and advise the Mayor, or his designee, of:

(a)

Any fire protection matters he deems material;

(b)

Any fire protection procedures he deems should be instituted in connection with the proposed activities; and

(c)

The estimated cost to the City of instituting such procedures.

The Chief of the Orlando Police Department or his representative shall review the application, inspect the said property and advise the Mayor, or his designee, of:

(a)

Any pertinent law enforcement, traffic control or ground safety problems which may be created by the conduct of the proposed activities;

(b)

Any police procedures, including, but not limited to, the erection of barricades, redirecting of vehicular and pedestrian traffic, and the providing of ambulances, which he deems should be instituted in connection with the conduct of such activities; and

(c)

The estimated cost to the City of instituting such procedures.

Upon receipt by the Mayor of the foregoing advice he shall consider the application and shall authorize the Chief of Police to issue the requested permit unless:

(a)

He finds that the proposed aeronautical activities cannot be safely conducted;

(b)

He finds that the proposed aeronautical activities cannot be safely conducted without placing an excessive burden on the City's or Authority's Police Department or Fire Department;

(c)

He finds that the property on which the aeronautical activities are proposed to be conducted is property controlled by the City or the Authority and that the conduct of such activities may cause damage to such property, deprive the City, the Authority or the public of the normal use of such property, or place an excessive burden on any agency, instrumentality, department or bureau of the City or the Authority or be in violation of City or Authority policy respecting the use of such property;

(d)

He finds the application to be incomplete or finds it to contain any false allegations;

(e)

He finds that the proposed activities will be disruptive to the operation of any school or hospital, or disruptive of any religious ceremony, or that such activities will constitute a nuisance; or

(f)

He finds that the proposed activities will cause any dust, sand, water or debris to settle on any other property.

Prior to the issuance of any special aeronautical activity permit the Chief of Police shall require the applicant:

(a)

To post with the Chief of Police a cash bond equal to one and one-half (1½) times the estimated cost to the City of instituting the procedures recommended by the Police Chief, Fire Chief and Executive Director of the Authority, as aforesaid;

(b)

To obtain public liability insurance written on an occurrence basis, naming the City or the Authority as a co-insured, with limits of two million dollars ($2,000,000.00) for personal injury or death and two million dollars ($2,000,000.00) for damage or destruction of property arising out of the conduct or attempted conduct of the proposed aeronautical activities; and

(c)

To pay a permit issuance fee of twenty-five dollars ($25.00).

If the property to be used for the conduct of such aeronautical activity is property controlled by the City or the Authority, they may make a reasonable additional charge for the use thereof. A special aeronautical activities permit issued hereunder shall be signed by the Chief of Police or his representative, and shall specify the following:

(a)

The name of the applicant;

(b)

The name of the pilot of the aircraft involved;

(c)

The make, model, and type of aircraft to be used and the registration number thereof;

(d)

The address, or description of the property on which the activities are to be conducted;

(e)

The extent and nature of the activities authorized to be conducted;

(f)

The date and time the activities are to be commenced and terminated; and

(g)

A description of any procedures which the Mayor shall reasonably require to be followed as a condition to the issuance of the permit.

Upon completion of the said aeronautical activities pursuant to such permit, the City shall charge the expenses incurred by it to institute the procedures recommended by the Police Chief, Fire Chief and Director against the said cash bond and shall remit the balance of said cash bond, if any, to the person posting the same within thirty (30) days of the date the said aeronautical activities were completed. In the event the said expenses exceed the amount of the said bond, said excess shall be paid by the person posting such bond within ten days after demand by the City.

(Ord. of 10-2-1972, § 1)

Sec. 8.33. - Liability of City and Authority.

Neither the City, the Authority, nor any commission, commissioner, bureau, agency, officer, agent or employee thereof shall be responsible or liable for any loss, damage or destruction of any property or for injury to, or the death of, any person arising out of the operation of any heliport by any person other than themselves, or arising out of the conduct or attempted conduct of aeronautical activities by any person other than themselves. The issuance of a heliport permit, rescue helicopter license or special aeronautical activities permit by the City shall not cause the City to be responsible or liable for any claim arising out of any activities authorized to be conducted by such permit or license. This section is not intended either to expand or limit any liability of the City or Authority which may arise out of the operation by the City or Authority of airports, heliports or aircraft. The holder of any heliport permit, rescue helicopter license or special aeronautical activities permit, shall give the City prompt and timely written notice of any claim made or suit instituted arising out of the conduct or attempted conduct of any aeronautical activities pursuant to such permit or license, and such persons shall indemnify and save harmless the City and the Authority and all of the persons of agencies hereinabove designated, from any judgments recovered by anyone for personal injury, death or property damage sustained by reason of any of the said activities, and shall pay all expenses, including costs and attorneys' fees, in defending against any such claim made against the City, the Authority, or any of the persons or agencies above enumerated; provided, however, that such persons shall not be required to indemnify the City or Authority with respect to any damage, injury, loss or death occasioned solely by the intentional acts or negligence of the City, the Authority, their agents or employees.

(Ord. of 10-2-1972, § 1)

ARTICLE VI. - PENALTIES

Sec. 8.34. - Penalties.

(a)

Any person convicted of violating any provision of this Chapter shall be punished as provided in Section 1.08 of this Code.

(b)

Any person who violates any of the provisions of this Chapter or any valid rules or regulations promulgated hereunder on any property owned, operated, managed or controlled by the City or the Authority may be required to leave said property by the Director or his authorized representative.

(Ord. of 10-2-1972, § 1; Ord. of 3-15-1982, § 8)

Sec. 7.1300. - Federal and State Grants and Contracts. Chapter 9 - BUILDING SECURITY CODE