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O85-13ORDINANCE NO. Y~-/3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 15. OFFENSES - MISCELLANEOUS. BY ADDING A NEW ARTICLE V. AIRCRAFT LANDING REGULATIONS., SECTIONS 15-70 AND 15-71. TO REGULATE THE LANDING LOCATIONS OF AIRPLANES, HELICOPTERS AND OTHER AIRCRAFT TO MAKE IT UNLAWFUL TO LAND AIRCRAFT OTHER THAN IN PErmITTED AND DESIGNED AREAS; TO PROVIDE THE CITY MANAGER, OR HIS DESIGNEE, WITH AUTHORITY TO GRANT TEMPORARY APPROVAL FOR LANDINGS OF AIRCRAFT OR HELICOPTERS AT SPECIFIC LOCATIONS; PROVIDING THAT EACH AND EVERY OTHER PROVISION OF CHAPTER 15. OFFENSES. SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ENACTED; PROVIDIMG AUTHORITY TO CODIFY~ PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE~ AND AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1: Chapter 15. OFFENSES - MISCELLANEOUS. of the Code of Ordinances, City of Boynton Beach, FIorida, is hereby amended to create a new Article V. Aircraft Landing Regulations., Sections 15-70 and 15-71, to read as follows: Article V. AIRCRAFT LANDING REGULATIONS Section 15-70. Aircraft and helicopter landinqs at authorized locations_only. (1) No person owning.~~ting o~. operating any aircraft or helicopter shall land the same or permit the same to. be landed in the City of Boynton Beach, except at an approved airport or helistop location. This provision shali not apply in the event of an emerqency involvinq the safety of any helicopter or aircraft or its passengers, nor in those instances where the aircraft or helicopte~ is involved in the performance of rescue, search,-law enforcement, medical evacuation, or civil defense duties. (2) It shall be unlawful for any owner or lessee of real property located within %he City of Boynton Beach to permit any aircraft to land on or take off from such property unless authorized as set forth herein, except under emergency conditions where human life or property is mn clear and imminent danger. Section 15-71. regulations. Spot landing appr_.. ~vals; The City Manager, or his designee, shall have the authority to ~rant temporary approval for spot landings of airplanes, helicopters, or other aircraft at specific locations, provided the following criteria are fully complied with: (1) The applicant desiring such approval shall submit a written application to the City which shall describe fully the time and place of the proposed landing, the purpose, the type of aircraft to be used, the pilot, the applicable insurance coverage, and all crowd control measures to be employed to safeguard the safety of life and property at the site. The.applicant shall agree to reimburse the City for all reasonable costs incurred on the applicant's behalf, including the cost of any police officers which may be required for crowd control'. (2) The applicant shall a~ree in writing to indemnify %he City agains'~ all risk of loss from any cause for injury or death to any person or for property damage arising out of the landing approval requested, and shall provide liability:insurance coveraqe for bodily injury, including death, and property damage, naming the City ~s an additional insured i~ limits as prescribed by the City Manager, or his designee. (3) The applicant shall establish to the satisfaCtion of the City Manager, or his designee, by clear and convincing proof, that no riSk to the safety of pedestrian or motor vehicle traffic or to the residents of the area in question may be reasonable considered to be involved. (4) The landing of the aircraft and the subsequent take-off after completion of the activities shall be supervised by a ~olice officer of the City of Boynton Beach, who shall remain in attendance on the ground location during the entirety of the pro. posed operation. The applicant shall reimburse the City for the reasonable cost of an~ such police supervision. Section 2: Each and every other provision of Chapter 15. OFFENSES. shall remain in full force and effect as previously enacted. Section 3: Specific authority is hereby given to codify this Ordinance. Section 4: Ail ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 5: Should this Ordinance or any portion or secti~ thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 6: This Ordinance shall become effective immediately upon passage. 1985. FIRST READING this day of SECOND READING and FINAL PASSAGE this . , 1985. /q~day of CITY OF BOYNTON BEACH, FLORIDA VI~ R Q~UNC I L MEMBER ATTEST: (Seal)