[HISTORY: Adopted by the Town Board of the Town of East Hampton as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-3-1992 by L.L. No. 6-1992]
Any person who shall operate an aircraft from or on the East Hampton Airport shall comply with all federal laws, the Federal Aviation Administration (FAA) rules and regulations, the provisions of this chapter, and the Minimum Standards for Airport Aeronautical Services adopted by the Town Board.
No aircraft shall be operated on the Airport in a careless or negligent manner, or without regard for the rights and safety of others, or at a speed that is likely to endanger others, or by an operator who is under the influence of alcoholic beverages or any narcotic or habit-forming drug. Extreme caution and vigilance shall be maintained by the operator at all times.
The operator of any aircraft involved in any accident causing personal injury, property damage or aircraft damage at the airport shall immediately report such accident to the airport manager.
The operator of an aircraft shall be responsible for the prompt removal of an aircraft wrecked, disabled or otherwise abandoned on the airport. Failure of the operator to comply with this section shall constitute authority for the airport manager to have the aircraft removed at the expense of the aircraft owner and without liability to either the Town or the airport manager for any damage which may result in the course of such removal.
The airport manager or Town police may remove from any area of the airport any vehicle which is disabled, abandoned, unlicensed or parked in violation of New York State or Town laws, rules or regulations, or which represents an operational problem, to any other area of the airport at the owner's expense and without liability to the Town or the airport manager for any damage which may result in the course of such removal.
The operator of any aircraft who willfully performs unsafe, low or noise-provoking maneuvers shall forfeit his right to engage in activity at the airport pursuant to § 75-33.
No person shall operate an aircraft unless said aircraft is deemed airworthy as defined by the FAA rules and regulations.
All loading or unloading of passengers or cargo to and from aircraft or vehicles shall be performed in areas designated by the airport manager.
No vehicular or pedestrian traffic shall be permitted on any runway, taxiway, ramp or apron area unless permission shall be first obtained from the airport manager. Taxiing aircraft shall have the right-of-way over all ground vehicles. No vehicles as described by FAA Regulation Part 103, Ultralight Vehicles, shall be permitted to use any runway, taxiway, ramp or apron area of the airport.
No person shall operate an aircraft such that propeller slipstream or jet engine exhaust blast may cause injury to persons or do damage to property or the aircraft may generate turbulence across taxiways, runways or ramps so as to endanger the safety of operations on the airport. If it is impossible to taxi such aircraft in compliance with the above, then the engine(s) must be shut off and the aircraft towed. All aircraft which are being taxied, towed or otherwise moved at the airport shall be under the full control of the operator and shall move or be moved at a speed which complies with § 75-17 hereof.
[Amended 11-2-2001 by L.L. No. 26-2001; 6-2-2006 by L.L. No. 17-2006; 6-19-2008 by L.L. No. 10-2008; 5-16-2013 by L.L. No. 2-2013]
Landing fees are to be set and amended, from time to time, by resolution of the Town Board based upon changes in the costs of airport operations, including costs incurred by the airport as a result of noncompliance of aircraft operators with voluntary operational procedures, the operators of which shall bear the costs separate and apart from the general aviation community. Such landing fees shall be filed in the office of the Town Clerk prior to their effective date and shall be publicly distributed in one or more appropriate aviation media outlets by the airport manager or other responsible official.
Unless otherwise approved by the airport manager, passengers must be enplaned and deplaned in designated areas with aircraft engines shut off.
No aircraft shall be parked in any area not designated for such purpose. The airport manager shall have the right to designate parking areas and the locations for the parking of aircraft, fuel trucks or other ramp vehicles.
No aircraft shall be taxied off hard-surface runways or hard-surface taxiways unless to clear the runway for another aircraft that has declared an emergency.
No person other than a pilot or mechanic certified by the FAA shall taxi an aircraft on any part of the airport. No person other than a certified pilot or mechanic shall be at the controls of an aircraft while said aircraft engines are being started.
The operator of an aircraft shall taxi that aircraft only after the operator has ascertained that there will be no danger of collision with any person or object in the immediate area and shall taxi only on designated taxiways.
All aircraft shall be taxied at less than 15 miles per hour and in a manner with due regard for other aircraft, persons and property.
All preflight run-ups shall be made in areas designated by the airport manager and in accordance with noise abatement procedures.
Aircraft awaiting takeoff shall hold at the marked holding line until the runway in use is clear. Where no holding line exists, aircraft shall stop at least 100 feet (unless usable area does not permit) from the runway in use.
[Amended 9-20-2005 by L.L. No. 30-2005]
Aircraft fueling shall be prohibited while the engine of the aircraft being fueled is running or is being heated.
Prior to and during all fuel handling operations, the aircraft and the fuel-dispensing or -draining apparatus shall be grounded by wire to prevent the possibility of static ignition of volatile liquids.
During fuel handling in connection with any aircraft, no passenger shall be permitted to remain in such aircraft or to be enplaned or deplaned from such aircraft unless a qualified attendant is at each passenger door that is in use for this purpose.
Each fixed based operator who has a contractual right pursuant to an agreement with the Town to sell or supply aviation gasoline or jet fuel and lubricating oils at the airport, and each air carrier which has executed an agreement with the Town and has a right to fuel itself pursuant to the FAA Assurances, shall solely use the Town-owned airport fuel storage facility. If, and for any period during which, said facility is not available, said fixed based operator or air carrier may make other arrangements subject to the approval of the airport manager and the Town Fire Marshal.
The transfer of bulk fuel from one fuel service vehicle to another is prohibited within the boundaries of the airport.
Aircraft fueling at the airport shall not be conducted in any hangar or other building.
Smoking by any person on or within 50 feet of any fuel service vehicle is prohibited. No person shall operate any electrical device so as to cause a spark within 50 feet of any fuel service vehicle.
No fuel service vehicle shall be used for transportation of aviation fuel, jet fuel or any other flammable liquids within the airport boundaries unless said vehicle is approved by the airport manager and the Town Fire Marshal.
No person shall start the aircraft heater(s) or the engine(s) of any aircraft or other vehicle within 50 feet of spilled aviation gasoline, jet fuel, diesel or other flammable or combustible liquid material. The owner or operator of any aircraft or the owner or operator of any motor vehicle which has spilled fuel, or the owner of any airport building or the lessee of any airport building in which a spill has occurred, shall immediately notify the East Hampton Fire Department and the airport manager. Upon receiving notification, the airport manager shall immediately notify the Town Fire Marshal and the Town Natural Resources Department. Such owner or lessee shall immediately remove or cause to be removed any fuel spillage in accordance with all applicable federal, state and local laws, rules and regulations. Any failure of such owner or lessee to comply with this section shall constitute authority for the airport manager to remove or cause to be removed the fuel spillage at the expense of the owner or lessee.
No person shall store, keep, handle, use, dispense or transport any hazardous materials at the airport unless said act is done in accordance with the laws, rules and regulations of the federal government, the New York State Uniform Fire Prevention and Building Code, the New York State Department of Environmental Conservation, the New York State Department of Transportation and the Suffolk County Department of Health Services, in particular Article 12 of the Suffolk County Sanitary Code. Hazardous materials shall include, without limitation, explosives, compressed gases, flammable liquids and solids, oxidizers, poisons, corrosives, loaded firearms, radioactive materials and other materials described as "hazardous" by such federal, state and local laws, rules and regulations. Notification of any hazardous spill or emergency shall be made immediately to the East Hampton Fire Department and the airport manager. Upon receiving notification, the airport manager shall immediately notify the Town Fire Marshal and the Town Natural Resources Department. The person who stores, keeps, handles, uses, dispenses or transports the hazardous material that spills or is the subject of an emergency shall be responsible for the costs incurred in any corrective action. Said corrective action shall be in accordance with all applicable federal, state and local laws, rules and regulations.
No person shall post, distribute or display signs, advertisements, circulars or printed or written matter at the airport without the written permission of the airport manager and the approval of the Town's Architectural Review Board for signs requiring said Board's approval pursuant to Chapter 255 of the Town Code.
No person shall solicit funds or peddle for any purpose at the airport without the written permission of the airport manager and without having first obtained a license to peddle in accordance with Chapter 198 of the Town Code.
No person, firm, association, corporation or partnership shall establish, maintain or operate any type of commercial activity at the airport without first obtaining the written approval of the Town Board. Such person, firm, association, corporation or partnership shall comply with the provisions of this chapter, the Minimum Standards for Airport Aeronautical Services adopted by the Town Board and the FAA rules and regulations.
The airport manager, acting as the agent of the Town Board, is hereby charged with the responsibility of maintaining the safe and orderly operation of the airport. The airport manager shall have the authority to prohibit the use of the airport for a maximum of 90 days to anyone who, by his actions or behavior, in the judgment of the airport manager, constitutes a threat to said safe and orderly operation. The airport manager, upon exercising this authority, shall submit a written report to the Chairman of the Airport Committee of the Town Board, setting forth therein the reasons for such action. Any person so denied the use of the airport may appeal the decision of the airport manager before the Town Board, whereupon the Town Board, upon hearing said appeal, may rescind or confirm the decision of the airport manager. The Town Board reserves the right to prohibit permanently the use of the airport to anyone who, in its judgment, constitutes a threat to the safe and orderly operation of the airport.
Any violation of the provisions of this chapter shall, upon conviction, be punishable by a fine of not more than $250 or by imprisonment for a term not exceeding 10 days, or by both such fine and imprisonment, unless otherwise specified in any other section of the Town Code.
Each continuing day of violation of this chapter shall constitute a separate offense.
In addition to the above provided penalties, the Town may also maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of this chapter.
Upon the effective date of this local law, the preexisting ordinance entitled "Airport" at Chapter 36 of the Town Code and the preexisting ordinance entitled "Commercial Aeronautical Activities" at Chapter 142 of the Town Code shall both be repealed.
The provisions of this local law are severable. If any provision of this local law or its application to any person or circumstances is held invalid, said invalidity shall not affect any other provision or application of this local law which can be given effect without the invalid provision or application of the local law.
This local law shall take effect immediately upon filing with the Secretary of State as provided for by law.
[Added 4-16-2015 by L.L. No. 3-2015; amended 4-16-2015 by L.L. No. 4-2015; 4-16-2015 by L.L. No. 5-2015]
"Calendar week" shall mean the period beginning at 12:00:00 a.m. on Sunday and ending at 11:59:59 p.m. on the following Saturday.
"Individual aircraft" shall mean an aircraft, of whatever type, with a distinct registration number ("N number" if such registration is issued by the United States government).
"Noisy aircraft" shall mean any airplane or rotorcraft type classified as a noisy aircraft type pursuant to this section.
The Airport Director is directed to maintain on the Town website a current list of aircraft based upon the noise characteristics published by the Federal Aviation Administration or (if data is not available from that agency) the European Aviation Safety Agency. Noisy aircraft shall be defined as any airplane or rotorcraft for which there is a published effective perceived noise in decibels (EPNdB) approach (AP) level of 91.0 or greater.
In lieu of being subject to the definition of "noisy aircraft" pursuant to Subsection (4)(a) on the basis of the Town's list of types of noisy aircraft, the owner of an individual aircraft may elect to have the noise classification of such individual aircraft determined by the sound levels on the basis of the EPNdB level that is published in the airplane or rotorcraft flight manual for such individual aircraft pursuant to 14 CFR 36.1581(a). To obtain a noise classification of an individual aircraft, the owner of such aircraft shall provide the Airport Director with a true copy of the relevant pages from such manual showing the noise level data. In the event of a conflict between the Town's list of classifications of noisy aircraft types and classification based on the data set forth in the individual aircraft airplane or rotorcraft flight manual, the data in the individual aircraft airplane or rotorcraft flight manual shall prevail. Once the owner of an individual aircraft has provided the Airport Director with such data from the individual aircraft airplane or rotorcraft flight manual, and the Airport Director has determined the authenticity thereof, the Airport Director shall keep such data on file so that the owner need not resubmit the data for each use of the airport, and compliance by such individual aircraft with this section shall be determined based on such data.
"Season" shall be the months of May, June, July, August and September.
[Added 5-7-2015 by L.L. No. 7-2015]
"Use of the airport" shall mean either one arrival (landing) at, or one departure (takeoff) from, the airport, shall not include any repositioning of any aircraft on the airport or any aborted takeoff or landing, but shall include touch-and-go operations that result in use of an airport runway.
Nighttime operations. Use of the airport is prohibited between the hours of 11:00 p.m. and 7:00 a.m. (local time).
Noisy aircraft operations. Use of the airport by noisy aircraft is prohibited as follows:
Exemptions. The restrictions of this § 75-38 shall not apply to any aircraft operational emergency, any medical emergency operation, whether by public or private aircraft, or to any operation by a government-owned aircraft, including, without limitation, police, emergency services, and military operations. In the case of an aircraft emergency or medical emergency operation, the operator shall submit a sworn statement to the Airport Manager within 24 hours of such operation attesting to the nature of the emergency and reason for the operation.
[Added 4-16-2015 by L.L. No. 3-2015; amended 4-16-2015 by L.L. No. 4-2015; 4-16-2015 by L.L. No. 5-2015; 5-7-2015 by L.L. No. 7-2015]
Section 75-34 shall not apply to violations of § 75-38, and this § 75-39 shall apply for all violations of § 75-38. For the purpose of conferring jurisdiction upon courts and judicial officers in general, violations of § 75-38 shall be deemed violations, and, for such purpose only, all provisions of law relating to violations shall apply to such violations.
Any use of the airport by an individual aircraft in violation of § 75-38 shall be punishable by a fine assessed against any person, organization, corporation, group or other entity which holds an ownership interest in such aircraft, as follows:
For the first violation by an individual aircraft, a fine of not more than $1,000.
For the second violation by an individual aircraft, a fine of not more than $4,000.
For the third violation by an individual aircraft, a fine of not more than $10,000.
For the fourth violation by an individual aircraft, a prohibition on any use of the airport by the individual aircraft involved in such violation for a period of not more than two years.
Each use of the airport by an individual aircraft in violation of § 75-38 shall constitute a separate violation.
In addition, any entity convicted hereunder of not complying with the requirements of § 75-38 may be subject to a fine of not less than the amount of the actual costs incurred and owed to the Town and not more than an amount equal to twice said actual costs. Should any person, organization, corporation, group or other entity be found in violation of the provisions of § 75-38 within five years of a previous violation of this chapter, the minimum additional fine shall be not less than $2,000.
In addition to the above penalties, the Town may also maintain a civil action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of § 75-38 by any person, organization, corporation, group or other entity which holds an ownership interest in the individual aircraft.
If a finding is made by a court of competent jurisdiction that the defendants or any of them has caused, permitted or allowed a violation of § 75-38, a penalty to be jointly and severally included in the judgment may be awarded at the discretion of the court in an amount not to exceed $10,000 for each violation that the defendants or any one of them individually caused, permitted or allowed the violation.
[Adopted 2-9-1999 by L.L. No. 5-1999]
The purpose of Article II, "Plans, Grants and Public Hearings," is to ensure that the public is informed about proposals and plans concerning the airport's layout, facilities, structures, capital budget, grant applications and master plan. By providing an opportunity for all interested parties to be heard at public hearings, the Town Board will receive the information it needs to balance competing interests and thereby seek to preserve and protect the safety and comfort of both the residents of the Town and the users of the airport.
Airport layout plan, master plan, capital improvements and relocation of Daniels Hole Road. Prior to the adoption of any changes to an airport layout plan or plan update, airport master plan or plan update, or FAA five-year airport capital improvements plan or plan update or any proposal to relocate Daniels Hole Road, the Town Board shall classify such actions as Type I actions under the State Environmental Quality Review Act (SEQRA); shall hold a public hearing and receive public comment thereon; and shall comply with the SEQRA procedures regarding such hearings as are set forth in Chapter 128 of the Town Code.
Grant applications. A public hearing shall be held on any grant application to the FAA by the Town for funding for projects listed in the airport layout plan or plan update and/or the airport master plan or plan update. Submission of said grant application by the Supervisor may only be authorized by Town Board resolution after said public hearing is held.
Airport layout plan. Prior to the adoption of any new airport layout plan or update thereof, the Town Board shall review same to ascertain that the new or updated airport layout plan is in conformity with the spirit and intent of the current airport master plan or plan update.
Capital improvements, grant applications and operational budgets. Prior to the adoption of any FAA five-year airport capital improvement plan, the adoption of the annual airport operational budget, or the submission of a FAA grant application, the Town Board shall review same to ascertain that said capital improvement plan, annual operation budget or FAA grant application is in conformity with the spirit and intent of the current airport master plan or plan update and the current airport layout plan or plan update.