Ordinance 370A
ORDINANCE NO.
370 OJ
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AN OHDINANCE HbGULA'I'ING ;l'H]:, USE OF AEROPLANES AND AIRCRAFT
IN THE CI'l'Y OF GILROY.
The Mayor and Common Council of the City of Gilro'Y' do ordain
as follows:-
Sect:ton 1: It shall be unlawful for any person to Dav:I.gate
or fly any aeroplane or aircraft over the area of the City of
Gilroy, OJ' land any aiI'craft upon, or fly. the saIne from any part
of the City otherwise than in conformity with the Ed.r traffic
rules and other pr'ovisions of the 1111.5.1' Commerce Regulationsll as
estBblished by the Aeronautic::: Branch of the United States De-
partment of Commer'ce u1::1der the authol.j.ty of the Air Conmlerce Act
Of 19:tae, adopted by the Congress of the United States of America.
Section 2: It shall be unlawful for any person to navigate
any aeroplane or aircraft over, land upon, or take off from any
part of the City, or serve as an airman, in connection with any
aircraft tllel'e5.n, unless such airman, 01' other per' son , possesses
a proper certificate or license issued under authority of the
Secretary of Commerce of the United States upon examination of
such person as to his fitness, experience and other qualifica-
t ions, or other'w:i.se, as provided by said Air- C Olmnerce Regu.lations
Section 3: It shal] be unlawful for any person to navigate
or fly any aeroplane or ail'craft from, to, over or upon any pa~t
of the City of Gi.lro:y, except an aircraft which is registered and
licensed under authority of the Secretary of Co~nerce of the
Uni ted States, and l'a ted as to airwox.thiness in accordance with
the provisions of said Air Corr@erce Regulations.
Section 4: Any non-J"esident, unllcensed person without law-
ful authority as herein provided, landing any aircraft in the C:1.t
of Gilroy from any place beyond its boundaries, or any person
flying any unlicensed aircraft into the C:i.ty of Gilroy, shall de-
part therefrom within twenty-four hours, provided, however, the
Ma'Yor and Council of the City of Gilroy may grant a permit for
such aircraft to remain grounded in said City for a longer period
provided such air'craft is not navigated.
Any aircraft mentioned in t his section having once taken off
from the ground, shall not return to any part of the Ci t-:l, and
any person who returns any such aircraft to the ground within
the City shall be guilty of a violation of this ordinance.
Section 5: It shall be unlawful for any person to carry
passengers or property in any aircraft for hire or reward, over
any part of the City of Gilroy, unless such person possesses a
license as a Iltransport pilotll or as a IIlimited commercial pilot"
and such aircraft is registered and licensed in accordance with
said Air- Commerce Regulations. II
Section 6: It shall be unlawful for any person to acrobatic-
ally fly any aircraft over any part of the City of Gilroy, Or to
navigate or fly any aircraft 1'01' the purpose of doing stunts or
fancy flying over any part of the City of Gilroy, without first
having received from the Mayor and Cornmon Council of the City of
Gilroy, a permit so to do. No person shall do stunt flying or
fancy flying with any passengers without the written consent of
such passengers first obtained, and no stunt Ol~ fancy flying,
with or without permission, shall be done at an altitude of less
than two thousand feet. Acrobatics, stunt and fancy flying of
aircraft over the City of Gilroy shall be done only over such
part of the City of Gilroy as the ,Mayor and Common Council in
their permit may designate.
Section 7: It shall be unlawful for any person to establish,
maintain or operate any airport or flying field or landing field
in the City of Gilroy or any portion thereof without first havin
obtained from the Mayor ,and Common Council 6f the City of Gilroy
a permit 80 to do.
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Section 8: For the purpose of this Ordinance, the Air
Commerce Regulations herein referred to are the Air Commerce
Regulations of the Department of Commerce effective December 31,
1926, and acts amendatory thereof. For the purposes of this
Ordinance the following words shall have the following meaning,
viz: Acrobatic flying, stunt flying and fancy flying shall mean
and include all intentional mane'llVerS not necessary to air navi-
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gat ion.
The word tl airport 1~
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, fly'ing field and landing field
shall mean any place or field from whioh aeroplanes and aircraft
take off from the ground/or to which aeroplanes and aircraft are
flown,or where aviation activities are carried on in the air for
the purpose of demonstrating and selling aircraft; for schools
of instruction; for the carrying of passengers, goods or mer-
chandise" for hire or reward; or for other purposes. The word
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!! person'! shall include any person, firm or cOI'porat ion, associa-
tion, society or club. The word tlaircraftll shall mean any form
of craft or machine for flying or salling through the air.
Section 9: If any section, sentence, clause or phrase of
this ordinance is for any reason held to be invalid or unconsti-
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tutional by the decision of any Court of competent jurisdiction,
such ,decision shall not effect the validity of the remaining
portions of' the ordinance. The Mayor and Common Council of the
City at: Gilroy hereby declares that it would have passed this
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ordinance and each section, sentence, clause and phrase thereof
irrespective of the fact that anyone or more of the sections,
sentences, clauses and phrases thereof be declared invalid, or
unconstitutional.
Section 10: Any person violating 01' wilfully noncomplying
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with any of the provisions of this ordinance is guilty of a mis-
demeanor and shall upon conviction thereof be punished by a fine
not exceeding one hundred dollars, or by imprisonment in the
City prison not exceeding thirty days, or by both such fine and
imprisonment.
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Seotion 11: This ordinance shall take effect and be in forc
from and after its passage and approval.
Adopted and passed this & ~ day' of April, 1931, by the
following vote:
Ayes, Councilmen
Noes, Councilmen
Absent, Councilmen
Approved this ~
Mayor
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