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3769 Regulating AircraftORDINANCE NO. 3769 Published in the Salina Journal I- 1�1929) AN ORDINANCE relating to and regulating the use of aircraft in and over the City of Salina, and providing rules and regulations for the use of the Salina Municipal Airport, and aircraft using said airport and providing a penalty for the violation of this ordinance. BE IT ORDAINED by the Board of Commissioners of the City of Salina, Kansas: Section 1, DEFINITION OF TERMS. In this ordinance, The term "aircraft" means any contrivance now known or here- after invented, used or designed for navigation of or flight in the air, except a parachute or other contrivance used primarily as safety equipment. The term "public aircraft" means an aircraft used exclusively in the governmental service of the United States or of any state or territory thereof. The term "civil aircraft" measn any aircraft other than a public aircraft, and the word aircraft as used in this ordinance shall be deemed to refer to "civil aircraft" unless otherwise specifically stated. The term "pilot" shall include every person who being in or upon any aircraft, undertakes to direct its ascent, flight or descent in the air. The term "airman" means any individual (including the person in command and any pilot, mechanic or member of the crewl who engages in the navigation of aircraft while under way, and any individual who is in charge of the inspection, overhauling or repairing of air- craft. The term "person" means an individual, a partnership, or two or more individuals having a joint or common interest, or a corpora- tion. The term "sole stage" means that point in the course of flying instruction, where a student undertakes to pilot aircraft alone as provided herein. The term "flight" shall include every kind of locomotion by aircraft. The term "limits of the city" means the land within, or the air above the land within, the geographical boundaries of the City of Salina as now or hereafter defined, and the Salina Municipal Airport and the air above the same. "The Salina Municipal Airport" shall be deemed to refer to the airport now owned by the City of Salina, acquired by said city under the provisions 6f Section 3-110 Revised Statutes 1923 and located upon the east half of the northwest quarter and the west l e half of the northeast quarter of Section Twenty (20) Township Fourteen (14) south, Range Two (2) west of the 6th P. M. in Saline County, Kansas, and any other airport which may be hereafter acquired by the City of Salina, and the word airport as used in this ordinance shall be deemed to refer to the Salina Municipal Airport unless dtherwise specifically stated. The `Salina Aircraft Board" shall be deemed to refer to the Board created by and appointed under the provisions contained in this ordinance. Section 2, SALINA AIRCRAFT BOARD. There is hereby created a Board to be known as The Salina Aircraft Board, to consist of five members, who shall be appointed by and who shall hold office at the pleasure of the Board of Commissioners of the City of Salina, Kansas. At least two of the members of said Board shall be persons experienced in the navigation of aircraft. The City Manager of the City of Salina shall be "ex officio" a member of.said Board (and shall be one of the five members thereof) and shall act as the Secretary thereof, and shall keep the records of such Board. Said Board shall select its own chairman and shall provide its own rules of procedure. It shall be the duty of said Board to make recommendations from time to time to the Board of Commissioners of the City of Salina, re- lating to the use, control and regulation of the Salina Municipal Air- port and of aircraft using the same. Said Aircraft Board shall administer the provisions of this ordinance and for such purpose is authorized to make such rules and regulations for the conduct and use of said airport and persons using the same, including air traffic rules, as may in their opinion be necessary to execute the powers vested in such Board by this Ordinance, and as may be necessary for the convenience and safety of the public and all persons using such airport, which rules and regulations shall conform to and coincide with, so far as possible, the provisions of the Air Commerce Act of 1926, and amendments thereto, passed by the Congress of the United States, and Air Commerce Regula- tions and Air Traffic Rules issued from time to time pursuant thereto, and such rules and regulations when adopted by said Aircraft Board and posted in one or more conspicuous places on said airport, and after a copy thereof shall be filed in the office of the City Clerk, and approved by the Board of Commissioners, shall have the same force and effect as if enacted by ordinance of the Board of Commissioners of said city unless and until the same shall be rescinded, amended or set aside by ordinance or resolution duly adopted by the Board of Commis- sioners. Section 3, USE OF AIRPORT. The Salina Municipal Airport may be used for the service of all aircraft and pilots desiring to use the same, subject however to such regulations, not in conflict with the laws of the United States and the State of Kansas, as may be imposed by this or any other ordinance of the City of Salina or by the rules and regul-.tions adopted by said aircraft board, and pro- vided that all persons using said airport as a permanent or temporary base for commercial or private flying shall pay to the City of Salina as compsensation therefor, or for the rental of hangar or storage space thereon, such sum as may oe required by the governing body of said city. Section 4. FEDERAL LAW FOLLOW$D. That the policy, principles and practices established by the United States Air Commerce Act of 1926, and all amendments thereto, and the Air CommeY-ee Regulations issued pursuant thereto, are hereby adopted and extended, and made applicable, so far as they may be made to apply, to cover all air traffic in or over the limits of the City of Salina, and to and from said airport. Section 5, AIRCRAFT LICENSE REQUIRED. No civil aircraft shall be flown in or over the limits of the City of Salina or over said airport, or shall land upon or take off from said airport or other- wise use the same, for any pur.)ose, unless said aircraft shall have an appropriate existing license under Federal law or under the laws of the State of Kansas relating thereto. Section 6, AIRMAN LICENSE REQUIRED. No person shall act as an airman of any civil aircraft when such aircraft is flown or operated in or over the limits of the City of Salina or over said airport, or when the same shall land upon or take off from said airport or otherwise use the same, unless he shall have an appropriate existing license under Federal Lay or be licensed under the laws of the State of Kansas relating thereto; provided that no person undergoing in- struction which will qualify him as a pilot shall be required to have a pilotts license until he has reached the "sole stage." Section 7, RESTRICTION ON FLYING. That no aircraft in the air over the limits of the City of Salina or said airport, or landing upon or taking off from the same or otherwise using the same, shall be guided or controlled by the pilot in a manner designed to give demonstration of trick or "stunt" flying or aerial acrobatics, or be given any manipulation of the controls which may tend to divert the aircraft from a normal flight vAth every consideration of safety and stability. A Section 8, HEIGHTH OF FLYING. No aircraft shall fly over the limits of the city or over said airport at a heighth lower than that enabling such aircraft to glide in any emergency, and at all times, to a known established or recongniaed open or unobstructed place, and in no event under 1,000 ft.; provided however that these restrictions shall not apply in the event of a fog, forced landing, or at the be- ginning or end of a flight, provided such aircraft shall maintain the heighth herein required as long as may be consistent with a safe land- ing, and shall acquire the height herein required as soon as may be consistent with a safe take off. Section 9. DROPPING MATERIAL IN FLIGHT. No person shall cause or permit to be thrown out, discharged or dropped from any aircraft in or over the limits of the City of Salina or said airport any ballast, instruments, tools, containers or any other article of any kind, unless it be directly over a place established for that purpose, and all equip- ment and articles carried in aircraft shall be securely and accurately fastened in place before leaving the ground. Section 10. LICENSE DISPLAYED. It shall be unlawful for any per- son to own or operate any aircraft in or over the limits of the city or over said airport, or to land upon, take off from or otherwise use said airport unless a license issued under the Federal Law, or evidence of the existence thereof as required by Federal Law, or the official number plate provided for under the laws of the State of Kansas, shall be conspicuously displayed on and attached to said aircraft, and unless the pilot navigating any such aircraft shall have in his possession an existing license or certificate issued either by the Federal govern- ment or by the State of Kansas. Section 11. FRAUDULENT LICENSE. It shall be unlawful for any person to have in his possession any fraudulent, forged or counterfeit certificate or license, purporting to license such person as a pilot or airman or to license the aircraft operated or owned by or in the possess- ion of any such person, or for any such person to operate or to direct or cause the operation of any aircraft under any fraudulent, forged or countef eit license or certificate, or any license or certificate which may have expired, or which may have been revoked or cancelled. Section 12. AGREEMENTS FOR USE OF AIRPORT. The Board of Com- missioners may enter into agreements with any person or persons for the use of such airport for temporary or permanent base for any aircraft owned or operated by any such person for commercial flying or for the instruction of students in flying, or for any other purpose, for such 4 compensation in any case as the Board of Commissioners may deem reasonable and proper, and the Board of Commissioners shall have Section 14. EXCEPTIONS. The provisions of this ordinance shall not apply to civil aircraft or airmen while exclusively engaged in com- mercial flying constituting an act of interstate or foreign commerce, nor to public aircraft. the right to regulate the charges made to the public by any person using said airport for local commercial flying or air taxi service, and the charges made for instruction in flying by any person using such airport for such purpose, and may prohibit any excessive or exorbitant charges made by any such persons, and each person who may have heretofore or may hereafter enter into an agreement for the use of such airport or any part thereof shall abide by all of the provisions of this ordinance and of any ordinance hereafter adopted, . and shall abide by and shall conform with all of the rules and regulations made and adopted by the Salina Aircraft Board as herein provided for, and if any such person or any agent, servant, representa- tive or employee of any such person shall violate any of the provisions of any such ordinance, rules or regulations, or upon notice and de- mand shall refuse to comply with the same, such person may thereafter be denied any further use of said airport or any part thereof and any contract or agreement which may be in existence at sue# time may be automatically revoked and suspended, such penalty to be in addition to any other penalty which may be provided for in this ordinance. Section 13, DIRECTOR OF AIRP(RT. The Board of Commissioners may appoint a person to take charge of said airport who shall when appointed be known as the Director of the Salina Municipal Airport and when appointed, such person shall be under the supervision of the Aircraft Board and shall have authority and it shall be his duty to enforce the provisions of all ordinances and laws relating to said airport and to aircraft using the same and all rules and regulations which may be adopted pursuant to this ordinance. Such person and each member of said aircraft board shall by virtue of his office be a special police officer of the City of Salina, and each such special officer, and any other regular or special police officer of the City of Salina shall be authorized and it shall be their duty to enforce all of the provisions of this ordinance and any other ordinances or laws relating to said airport or to aircraft using the same and any and all rules and regula- tions adopted pursuant to this ordinance. Section 14. EXCEPTIONS. The provisions of this ordinance shall not apply to civil aircraft or airmen while exclusively engaged in com- mercial flying constituting an act of interstate or foreign commerce, nor to public aircraft. M Section 15, PENALTY. If any person shall violate or cause, permit or direct the violation of any of the provisions of this ordinance, or any of the rules and regulations adopted and in effect pursuant to the provisions of this ordinance, or shall fail to do any of the things required to be done by the provisions of this ordinance or of such rules and regulations such person shall be deemed guilty of a misdemeanor and upon conviction shall be fined in any sum not exceeding $500.00, or may be imprisoned for a term not exceeding thirty days, or may be punished by both such fine and imprisonment, for each such offense, and each dayts violation of any of the provisions of this ordinance or of any of such rules or regulations shall be deemed to constitute a separate offense, but this provision shall not be deemed to prohibit the prosecution of any person for more than one offense on the same day. Section 16. This ordinance shall take effect and be in force from and after its publication in the official city paper. Introduced, August 19th, 1929 Passed, August 26th, 1929 Guy T. Helvering mayor Attest: Chas. E. Banker Cify Clerk STATE OF KANSAS ) SS COUNTY OF SALINE I, Chas. E. Banker, City Clerk of the City of Salina, Kansas, do hereby certify that the above and foregoing is a true and correct copy of Ordinance No. 3769 passed and approved by the Board of Com- missioners of the City of Salina August 26th, 1929; and a record of the vote on its final adoption is found on page / " Journal No. 12 City Clerk