HomeMy WebLinkAboutO-11-01ORDINANCE NO 0 -11 -01
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, REPEALING CHAPTER 22, ARTICLE II,
AVIATION IN ITS ENTIRETY; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Charter Section 1.02 (7) provides authority for establishment of
airport rules, regulations and fees for the City of Sebastian Municipal Airport; and
WHEREAS, the City Council established airport field rules in 1979 by adoption of
Resolution No. R- 79 -11; and
WHEREAS, the City Council by adoption of Ordinance No. 0 -80 -25 established rules
and regulations for the Sebastian Municipal Airport and referenced Resolution No. R- 79 -11,
later amended by subsequent resolutions R- 85 -12, R -85 -27 and R- 86 -12; and
WHEREAS, on April 11, 2007, the City Council approved the Airport Principal Guiding
Document which provides for airport rules and regulation; and
WHEREAS, City Council believes it to be in the best interest of the City to repeal Code
of Ordinances Chapter 22, Article II, Sections 22 -26 through 22 -32.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
SECTION 1: That the Code of Ordinances, City of Sebastian, Florida, Chapter 22,
Article II, Sections 22 -26 through 22 -32, as set out below, are hereby repealed:
Sec. 22 26. Definitions.
ascribed to them in this section, except where the context cl arly indicates a different m aning:
Airport m arm the City of Seb -Alan Municipal Airport.
Airport managor m ano the airport manager, who shall be considered the agent of the city.
Sec. 22 27. Policies established.
shall be in accordance with F.S. ch. 810 and pertinent Federal Aviation Administration Rules
Sec. 22 28. Liability.
Sec. 22 29. Airport manager.
(a) General dutios. The city manager may either perform the duties of thc airport
manager or appoint a qualified individual to perform the duties outlined herein. The
Federal Aviation Administration rulec and regulations, state statutes and rules and city
manager, complete reports regarding any and all airport activitiec. All copies of Federal
(b) Fiold rulos. Field rules (refcrence: Recolution No. R 79 11) arc to be cctabli hed
and prominently dicplaycd at the airport by thc airport manager. Field rules and city
c of enforcement, be mandated on all air, ground,
ordinances would be dicbarmcnt from thc airport for 30 days for firct offence, or
permanent disbarment for a second offence by air or ground. None of the rules required
by this section are meant to except, duplicate, or relieve an offender of othcr existing
FAA, state, county, civil or penal codec, rules or regulations.
Sec. 22 30. Finance.
eee
the city. Expenditures of airport funds for operations, maintenance, rene a
Sec. 22 31. Speed limit.
It shall be unlawful for any automobile to be driven at a cpeed in cxcecc of 25 miles an
Sec. 22 32. Takeoff and landing procedurec.
landing.
{3) All aircraft shall use the taxi pattern of thc airport.
(b) The airport manager and the chief of the police department and his officers have full
{1) Pilotc convicted of a violation of this section for the second time shall be barred from
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(2) Pilots convicted of a violation of this section for the third timc shall be barred from
Section 2. This Ordinance shall take effect immediately upon its adoption.
Section 3. SEVERABILITY. In the event a court of competent jurisdiction shall
determine that any part of this Ordinance is invalid or unconstitutional, the remainder of the
Ordinance shall not be affected and it shall be presumed that the City Council of the City of
Sebastian did not intend to enact such invalid provisions. It shall further be assumed that the
City Council would have enacted the remainder of this Ordinance without said invalid or
unconstitutional provision, thereby causing said remainder to remain in full force and effect.
Section 4. CONFLICT. All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
The foregoing Ordinance was moved for adoption by Councilmember
Coy The motion was seconded by Councilmember
Wright and, upon being put to a vote, the vote was as follows:
Mayor Jim Hill
Vice -Mayor Don Wright
Councilmember Andrea B. Coy
Council Member Richard Gillmor
Councilmember Eugene Wolff
Sally A. Ma'
City Clerk
By:
aye
aye
aye
aye
aye
The Mayor thereupon declared this Ordinance duly passed and adopted this 9th day of
February 2011.
CITY OF SE ASTIAN, FLORIDA
ri m
or Jim Hill
Approved as to form and legality for
reli by the City of Sebastian only:
Robert Ginsburg, City Att ney
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