Ord 03-2013 2/5/2013 ORDINANCE NO. 03-2013
Ordinance Amending Chapter 18, Aviation, To Amend Article I,
Section 18-1 to Prohibit The Landing Of Helicopters Near Residential
Dwellings; Providing a Penalty not to exceed $2,000 upon
Conviction; And Providing for Codification
WHEREAS, the landing of helicopters within densely populated areas of the City
constitutes a hazard to persons and property and a nuisance to residents of
neighborhoods;
WHEREAS, helicopters in the process of landing encounter increased incidence
of accidents as they become closer to the ground;
WHEREAS, the City Council finds that balancing public safety and the
convenience of vertical flight requires the City to limit helicopter usage near residences;
WHEREAS, the Federal Aviation Administration (FAA) addresses helicopter
landing hazards by discouraging residences within approximately 300 feet of the
centers of the landing areas of heliports pursuant to Section 211 of FAA Advisory
Circular No. 150/5390-2C; and
WHEREAS, the City Council finds that this FAA guidance is a reasonable basis
for establishing a minimum required landing distance from residences to balance safety
and property rights.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
1. Landing Helicopters near residences
Chapter 18 of the Code of Ordinances of the City of Wichita Falls is amended to
amend Article I to title said Article as "Helicopters" and amend Section 18-1 to read as
follows:
Section 18-1. Landing Helicopters near residences
(a) It shall be unlawful for any person to land a helicopter within 300 feet of a
residential dwelling.
(b) It shall be an affirmative defense to prosecution pursuant to this section that,
at the time of the alleged offense:
(1) the residential dwelling was owned by an occupant of the helicopter;
(2) the helicopter is utilized for the transport of persons for the purpose of
providing medical care to the persons being transported;
(3) the helicopter was landing at an airport permitted by the Federal
Aviation Administration;
(4) the helicopter was operated by a government agency; or
(5) the helicopter was engaged in construction, utility operations, or
firefighting.
2. Penalty
This ordinance regulates public health and fire safety, and shall be punishable by
a penalty of up to $2,000 per violation and as provided by Section 1-14 of the Wichita
Falls Code of Ordinances.
3. Codification
The sections of this ordinance that specify they amend or add to the Code of
Ordinances of the City of Wichita Falls are intended to be parts of said Code, and said
sections of this ordinance may be renumbered or relettered to accomplish such
intention.
PASSED AND APPROVED this the 5th day of February, 2013.
MAYOR
ATTEST:
City Clerk
Affidavit of Publication
THE STATE OF TEXAS #288410
ORDINANCE COUNTY OF WICHITA
NO.03-2013
Ordinance Amending
Chapter 18, Aviation,
To Amend'Article I,
SecTion 18-1'to Pro-
hibiT The Landing Of
Helicopters Near On this 18ih day of February 2013 A D...
Residential Dwell-
ings; Providing a personally appeared before me, the undersigned authority
Penalty not to exceed
$2,000 upon Convic- Kathy Salan, Sales Assistant for the Times Publishing
Lion; And Providing
for Codification Company of Wichita Falls, publishers of the Wichita Falls
Times/Record News, a newspaper published at Wichita Falls in
Wichita County, Texas, and upon being duly sworn by me, on
oath states that the attached advertisement is a true and
correct copy of advertising published in 1 day (1) issues hereof
on the following date:
February 17,2013
Sales Assistant for Times Pub shing Company of Wichita Falls
Subscribed and sworn to before me this the day and year first above written:
PAM BURRS
�40TASRY PUBLIC
STATE OF TE. �3Of
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