§ 54-33. Landing of aircraft, parachuting or skydiving at other than established airport, helistop, field or landing place prohibited; exceptions.

(a)

Except as otherwise provided in this section, it shall be unlawful for any person to land any aircraft, or to parachute or skydive, within the corporate limits of the city, except at an approved airport, helistop, field or landing place.

(b)

Except as otherwise provided in this section, it shall be unlawful for the owner, lessee or occupant of real property located within the corporate limits of the city to knowingly permit any aircraft to land or to take off from such property, or to knowingly permit any person to parachute or to skydive thereon.

(c)

The prohibitions set forth in subsections (a) and (b) of this section, shall not apply to:

(1)

An emergency involving the safety of any aircraft or its passengers requiring the forced landing of an aircraft.

(2)

The performance by an aircraft of rescue, search, law enforcement, medical evacuation, or civil defense duties.

(3)

The take-off or landing of an aircraft, or the parachuting or skydiving of its passengers, at specific times and locations with the prior approval of the mayor, providing the following criteria are met:

a.

The applicant has submitted a written application to the city which describes the time, place and nature of the proposed activities, the purpose, the type of aircraft to be used, the pilot, the applicable insurance coverage, and all precautionary measures to be employed to assure the safety of persons and property at the site.

b.

The applicant has agreed to reimburse the city all costs incurred by the city on the applicant's behalf, including the cost of any police officers which may, in the opinion of the mayor, be required for public safety or crowd control.

c.

The applicant has agreed in writing to indemnify the city, and its officers and employees, against all risk of loss from any cause for injury or death to any person or for property damage arising out of the permitted activities as requested, and shall provide liability insurance coverage for bodily injury, including death, and property damage, naming the city, and its officers and employees, as an additional insured in limits required by the mayor.

d.

The applicant has agreed to abide by all precautionary measures required by the mayor to assure the safety of persons and property at the site.

e.

The applicant has demonstrated that all necessary permits for the activity have been obtained from other governmental agencies, including but not limited to the United States Department of Transportation Federal Aeronautics Administration.

(Code 1979, § 20-4)