Helicopter Ordinance – First Reading Approved 11/16/15

GRANGEVILLE CITY ORDINANCE NO. _____

AN ORDINANCE OF THE CITY OF GRANGEVILLE PROHIBITING THE LANDING AND/OR DEPARTURE OF HELICOPTERS IN THE CITY OF GRANGEVILLE EXCEPT AT APPROVED LANDING SITES; PROVIDING FOR LANDINGS APPROVED BY LAW ENFORCMENT; PROVIDING FOR PERMITS TO BE ISSUED BY THE GRANGEVILLE CITY COUNCIL; PROVIDING FOR AN EFFECTIVE DATE UPON ITS PASSAGE, APPROVAL, AND PUBLICATION; AND, PROVIDING FOR THE REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH.

BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF GRANGEVILLE, IDAHO COUNTY, IDAHO, AS FOLLOWS:

Section 1 – TITLE – This Ordinance shall be known as the City of Grangeville Helicopter Landing Ordinance and may be so cited.

Section 2 – PURPOSE AND INTENT – WHEREAS certain areas of the City of Grangeville lack sufficient, clear, unobstructed space for the safe approach, landing, and lift-off of any helicopter;

It is the purpose and intent of this Ordinance to provide for the protection of the public health, safety and general welfare within the City of Grangeville by prohibiting the landing and/or departure of helicopters in the City of Grangeville except as provided for herein.

Section 3 – DEFINITIONS:

HELICOPTER: A helicopter is a manned aircraft in which lift, flight and landing is achieved by means of one or more power-driven horizontal propellers.

Section 4 – ACTIONS PROHIBITED. Except as otherwise provided herein, it shall be unlawful for any person to land, discharge passengers, materials or goods, load passengers, materials or goods, or depart in a helicopter from any place within the incorporated limits of the City of Grangeville, other than from those landing sites approved by the Grangeville City Council through the conditional use permitting process.

Section 5 – Helicopter Operation Approved by Law Enforcement. In the event of an emergency, the Chief of Police for the City of Grangeville, or his designee, may authorize a helicopter to land or depart from the incorporated limits of the City of Grangeville as necessary to protect public safety.

Section 6 – Permits Issued by City Council. Nothing herein shall prohibit the Grangeville City Council from issuing a permit to allow for landing or departure by helicopter for planned special events as approved in advance by the City Council. Helicopter operations conducted pursuant to a permit issued by the Grangeville City Council shall not constitute a violation of the provisions of this ordinance.

Application for a helicopter landing permit for a planned special event shall be made to the Grangeville City Clerk no more than three hundred sixty five (365) days prior to commencement of the planned event. The City Clerk is authorized to request content neutral information, documentation, or clarification from the applicant as needed for the Grangeville City Council to consider the application. The City Clerk shall cause the permit application to be considered by the Grangeville City Council at the next timely regularly scheduled meeting of the Grangeville City Council.

The Grangeville City Council shall have authority to condition the issuance of the permit, in the sole discretion of the Grangeville City Council, in compliance with, but not limited to, the following:

• Reasonable restrictions related to the time, place, and manner of the planned special event;
• Provide proof of insurance naming the City of Grangeville as an additional insured;
• Restrictions necessary to protect the safety and rights of persons and property upon which or adjacent to the location of the planned special event;
• Conditions and guidelines necessary for the control of traffic and safety of the traveling public;
• The availability of first aid or other medical care or treatment;
• A condition that the applicant shall provide notice to residents and/or businesses regarding the planned special event;
• Conditions to address safety concerns; and
• Conditions to repair damage or disruption to public and private property.

Section 7 – Violation of the provisions of this Ordinance shall constitute a misdemeanor and be punishable by imprisonment in the county jail not exceeding six (6) months, or by a fine not exceeding one thousand dollars ($1,000.00), or by both.

Section 8 – All Ordinances or parts of Ordinances in conflict herewith are hereby repealed.

Section 9 – This Ordinance shall become effective upon its passage, approval, and publication in the Idaho County Free Press.

This Ordinance passed in the following manner: _________________________________

__________________________________________
BRUCE WALKER, Mayor

ATTEST:

___________________________________
TONYA KENNEDY, City Clerk

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