[HISTORY: Adopted by the Town Board of the Town of Mamaroneck 10-15-1980
by L.L. No. 1-1980 (Ch. 35 of the 1975 Code). Amendments noted
where applicable.]
The following chapter shall apply to the unincorporated area of the
Town of Mamaroneck.
All takeoffs and landings of helicopters or other aircraft from other
than approved areas are prohibited within the unincorporated area of the Town
of Mamaroneck.
[Amended 12-16-1998 by L.L. No. 10-1998]
The hovering of helicopters so as to discharge or accept passengers
or cargo is prohibited within the unincorporated area of the Town of Mamaroneck.
[Amended 7-17-1996 by L.L. No. 14-1996; 12-16-1998
by L.L. No. 10-1998]
The discharging or acceptance of a passenger or cargo from or into a
hovering helicopter within the unincorporated area of the Town of Mamaroneck
is prohibited except for an emergency.
[Amended 7-17-1996 by L.L. No. 14-1996]
Emergency landings are exempt from this chapter. However, in the event
of an emergency landing, no movement of the helicopter or other aircraft may
be made or permitted until such time as an administrative authority designated
by the Chief of Police has approved the movement of the helicopter or other
aircraft, except for helicopters landing for medical and/or public safety
emergencies.
A.
A violation of this chapter shall be a misdemeanor.
B.
A violation of this chapter shall be punishable as follows:
(1)
A person found guilty may be sentenced to 30 days in
jail or a fine of $500, or both, for a first offense.
(2)
A person found guilty of violating this chapter a second
time may be sentenced to up to 60 days in jail or fined up to $1,000, or both.
(3)
A person found guilty of a third or subsequent violation
of this chapter may be sentenced to up to 120 days in jail or fined up to
$2,000, or both.
(4)
As provided in §§ 80.00 and 80.05 of the
Penal Law of the State of New York, in lieu of the foregoing schedule of fines,
a fine equal to two times the profit made as a result of such prohibited landing,
takeoff or hovering may be imposed.
A.
Should any person(s) affected by this chapter suffer
an unnecessary hardship in the way of carrying out the strict letter of this
chapter, the person(s) may apply to the Town Board in writing for a variation
from the strict compliance with this chapter, upon proof of such unnecessary
hardship.
B.
Procedure. Upon submission of a written application to
the Town Clerk by the person(s) seeking a variation of this chapter, the Town
Board shall, within 30 days of receipt of such application, schedule
a public hearing on said application upon five days written notice in the
official newspaper of the Town. At said public hearing, the person(s) and
any other parties wishing to present evidence with regard to the application
for a variation from the strict compliance of this chapter shall do so. If
the Town Board determines that a person(s) will suffer unnecessary hardship
due to the strict compliance with this chapter, to the minimum extent necessary
to provide the person(s) relief from strict compliance with this chapter,
it shall grant such relief. The Town Board may impose such requirements that
ensure the public health, safety and welfare of the community.
C.
Any party aggrieved by the determination of the Town
Board on an application for a variation from the strict compliance with this
chapter may appeal said decision to the Supreme Court, State of New York,
Westchester County, pursuant to Article 78 of the Civil Practice Laws and
Rules within 30 days of the filing said decision in the Office of the Town
Clerk.
