Sec. 3-42. - Presumption of aircraft noise violation.
Sec. 3-44. - Violation—Penalty—Presumptions.
Sec. 3-46. - Education, transition, or modification period.
For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:
"Airport" means Sonoma County Airport.
"Director of aviation" means the director of aviation for Sonoma County or his or her duly authorized representative.
"Person" means any individual, firm, association, organization, partnership, business trust, corporation or company.
(Ord. No. 4440 § 2, 1991.)
(a)
It shall be unlawful for any person to do any of the following:
(1)
Operate any aircraft at the airport between the hours of 6:00 a.m. and 10:00 p.m. which exceeds 83.2 dBA(Lmax) on takeoff;
(2)
Operate any aircraft at the airport between the hours of 10:00 p.m. and 6:00 a.m. which exceeds 72 dBA (Lmax) on takeoff.
(b)
Compliance with the single-event standards set forth in subsection (a) of this section shall be determined by reference to the takeoff noise levels listed in Federal Aviation Administration Advisory Circular 36-3E, Estimated Noise Levels in A-Weighted Decibels, or the version of that document currently in effect. No adjustment for gross weight will be allowed. Aircraft types and models which are not listed in Advisory Circular 36-3E shall be allowed to operate at the airport only if:
(1)
The Federal Aviation Administration determines that the specific aircraft type and model would meet the noise limits stated above if it were tested according to Federal Aviation Administration procedures; and
(2)
The operator obtains the approval of the director of aviation certifying that operation of the aircraft is compatible with conditions for operation of the airport.
(Ord. No. 4440 § 2, 1991.)
Sec. 3-42. - Presumption of aircraft noise violation.
(a)
In the event that the director of aviation determines to his or her reasonable satisfaction that a particular type or class of aircraft cannot meet the noise level restrictions set forth in Section 3-41, it shall be presumed that operation of such aircraft will result in a violation of those restrictions and any aircraft of such particular type or class shall not be permitted to land on, tie down on, be based at, or take off from the airport.
(b)
The owner or operator of any aircraft presumed to violate the noise restrictions set forth in Section 3-41 shall be enTitled to rebut such presumption to the reasonable satisfaction of the director of aviation by furnishing evidence to the contrary, including, but not limited to, changes in operating procedures, retro-fitting measures and changes in engine or maintenance.
(Ord. No. 4440 § 2, 1991.)
(a)
The director of aviation shall have the duty and authority to enforce the provisions of this article pursuant to California Penal Code Section 836.5.
(b)
The rights of the county under this article are supplementary to its rights under contract.
(Ord. No. 4440 § 2, 1991.)
Sec. 3-44. - Violation—Penalty—Presumptions.
(a)
No aircraft shall be operated at the airport in violation of this article.
(b)
Any person who operates an aircraft in violation of this article or any person who counsels, aids, assists or abets any other person in the operation of an aircraft in violation of this article shall be guilty of an infraction punishable by fine of one hundred dollars ($100.00) for the first such violation, and shall be guilty of a misdemeanor punishable by fine not exceeding one thousand dollars ($1,000.00), or by imprisonment in the county jail not exceeding six (6) months, or by both fine and imprisonment in the county jail not exceeding six (6) months, or by both fine and imprisonment for the second and any further violations within two (2) years of the first violation. Provided, in the case of any training flight in which both the instructor pilot and a student pilot are in an aircraft operated in violation of this article, the instructor pilot shall be rebuttably presumed to have caused such violation.
(c)
For purposes of this article, if the pilot of an aircraft cannot be otherwise identified, the beneficial owner of the aircraft shall be presumed to be the pilot of the aircraft with authority to control the aircraft's operation, or presumed to have authorized or assisted in the aircraft operation. Such presumption may be rebutted only if the owner or lessee identifies the person who in fact was the pilot at the time of the asserted violation of this article.
(d)
In the event any aircraft is found to be the cause of three (3) or more violations of this article within a three (3) year period, then it shall be presumed that operation of such aircraft will result in continued violation of this article. Such aircraft shall not be permitted to tie down or be based on the airport, nor shall such aircraft be permitted to land at or take off from the airport except in emergencies for the preservation of life or property as reasonably determined by the director of aviation. Provided, the owner or operator of such aircraft shall be entitled to rebut such presumption to the reasonable satisfaction of the director of aviation by furnishing evidence to the contrary, including, but not limited to, changes in operating personnel, retro-fitting measures, changes in engine or maintenance.
(Ord. No. 4440 § 2, 1991.)
The following categories of aircraft shall be exempt from the provisions of this article:
(a)
Aircraft operated by the United States of America or the state of California;
(b)
Aircraft used for law enforcement, emergency, fire fighting or rescue purposes by any county, city or other local agency;
(c)
Aircraft used for emergency flights for medical purposes by any law enforcement, fire fighting, military or other person providing emergency flights for medical purposes;
(d)
Aircraft used for emergency purposes during an emergency which has been officially proclaimed by competent authority pursuant to the laws of the United States, the state of California, or Sonoma County;
(e)
Aircraft engaged in landing(s) or takeoff(s) while conducting tests under the direction of the director of aviation in an attempt to rebut the presumption of aircraft noise violation pursuant to subsection (b) of Section 3-42
(f)
Aircraft which are being operated under a declared in-flight emergency (exemption for landings only).
(Ord. No. 4440 § 2, 1991.)
Sec. 3-46. - Education, transition, or modification period.
This article shall not be enforced prior to January 24, 1992. Such period is to permit education of the aviation community to the existence of the noise limitations contained in this article, to provide reasonable notification to those aircraft presumptively incapable of meeting the noise limitations, and to allow a reasonable period for transition to quieter models or modification of existing equipment to permit compliance with the noise limitations.
(Ord. No. 4440 § 2, 1991.)