HISTORY: Adopted by the Town Board of the Town of Webster 4-6-2006 by L.L. No. 1-2006 (Ch. 76 of the 1991 Code). Amendments noted where applicable.
This chapter shall be known and may be cited
as the "Operation of Helicopters and Other Aircraft, Private."
The Town Board of the Town of Webster, Monroe
County, New York, acting under the authority of the Town Law of the
State of New York, hereby adopts and enacts this chapter as its Private
Airport/Heliport Local Law.
The purpose of this chapter is to address the
operation of private airports and heliports and the operation of private
aircraft in the Town of Webster and to provide for the protection
of the health, safety, and welfare of the residents of the Town.
Except as provided otherwise in this chapter,
no private airplanes, private helicopters, private balloons, private
hang-gliders, or private rotorcraft of any kind shall be permitted
to take off or land or discharge or take on passengers within the
boundaries of the Town of Webster.
No private heliport or airport will be permitted
to be built within the boundaries of the Town of Webster.
As used in this chapter, the following terms
shall have the meanings indicated:
A device that is used or intended to be used for flight in
the air. For the purposes of this chapter, "aircraft" does not include
model aircraft, rockets or balloons, with a maximum gross takeoff
weight, including fuel, of 55 pounds, or kites.
An engine-driven fixed-wing aircraft heavier than air that
is supported in flight by the dynamic reaction of the air against
its wings.
An area of land or water that is used or intended to be used
for the landing and/or takeoff of aircraft, and includes its buildings
and facilities, if any.
A lighter-than-air aircraft that is not engine driven and
that sustains flight through the use of either gas buoyancy or an
airborne heater.
A heavier-than-air aircraft that is supported in flight by
the dynamic reaction of the air against its lifting surfaces and whose
free flight does not depend principally on an engine.
A rotorcraft that, for its horizontal motion, depends principally
on its engine-driven rotors.
An area of land, water, or a structure used or intended to
be used for the landing and/or takeoff of helicopters.
A framework, covered with paper, cloth, metal or other material,
intended to be flown at the end of a rope or cable, and having as
its only support the force of the wind moving past its surfaces.
An aircraft that can rise and remain suspended by using contained
gas weighing less than the air that is displaced by the gas.
New York State Department of Transportation.
As defined in Subpart C of Part 77 of Title 14 of the US
Code of Federal Regulation (14 CFR 77 Subpart C, Obstruction Standards).
A heavier-than-air aircraft that depends principally for
its support in flight on the lift generated by one or more rotors.
The Town Board of the Town of Webster.
An aircraft that:
Is used or intended to be used for manned operation
in the air by a single occupant;
Is used or intended to be used for recreation
or sport purposes only;
Does not have any US or foreign airworthiness
certificate; and
If unpowered, weighs less than 155 pounds; or
If powered:
Weighs less than 254 pounds empty weight, excluding
floats and safety devices which are intended for deployment in a potentially
catastrophic situation;
Has a fuel capacity not exceeding five US gallons;
Is not capable of more than 55 knots calibrated
airspeed at full power in level flight; and
Has a power-off stall speed which does not exceed
24 knots calibrated airspeed.
A.
No aircraft shall
land upon or take off from any place within the Town of Webster, except
under the circumstances as set forth herein. This prohibition shall
not apply to the landing of ultralight aircraft or the airports solely
servicing such aircraft, nor to the landing of emergency helicopters
in the normal course of their duties or in the event that emergency
conditions exist in the Town as declared by the Town Board, the Supervisor
of the Town or his duly authorized agent, nor shall this prohibition
apply to aircraft used for the limited purpose of construction on
approved construction projects in the Town as approved by the Department
of Public Works, with written notification to the Supervisor, Town
Board, Chief of Police and the appropriate Fire Department at least
five days prior to the event occurring.
B.
No person, firm,
company, corporation, or any other business entity shall establish
or operate, at any time, an airport or heliport within the Town of
Webster.
The following are exempt from the application
of this chapter:
A.
Any violation
of this chapter or of any order, requirement decision or determination
issued by the Commissioner of Public Works or his/her division head,
agent or designee pursuant to this chapter is hereby declared to be
an offense punishable by a fine not exceeding $500 or imprisonment
for a period not to exceed six months, or both, upon conviction for
a first offense; upon conviction for a second offense, both of which
offenses were committed within a period of five years, punishable
by a fine not less than $500 nor more than $700 or imprisonment for
a period not to exceed six months, or both; and upon a conviction
for a third or subsequent offense, all of which offenses were committed
within a period of five years, punishable by a fine of not less than
$700 nor more than $1,000 or imprisonment for a period not to exceed
six months, or both. However, for the purpose of conferring jurisdiction
upon courts and judicial officers generally, violations of this chapter
or any order, requirement, decision or determination issued by the
Commissioner of Public Works or his/her division head, agent or designee
pursuant to this chapter shall be deemed misdemeanors, and for such
purpose only all provisions of law relating to misdemeanors shall
apply to such violations. Each day (twenty-four-hour period) of violation
shall constitute a separate violation of this chapter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
In addition to
the penalties provided above, the Town Board may also institute any
appropriate action or proceeding to prevent, correct or restrain any
violation of this chapter.
Should any section, paragraph, sentence, clause,
word, part or provision of this chapter be declared void, invalid
or unenforceable for any reason, such declaration shall not affect
the validity of any other part of this chapter which can be given
effect without the part(s) declared void, invalid or unenforceable.
This chapter shall take effect immediately upon
completion of publication, posting and filing as required by law.
