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Ordinance 370A ORDINANCE NO. 370 OJ " 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. --- ( 2 ) --- 3~t) 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- " " gat ion. The word tl airport 1~ ., , 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 j(! ~' ::;, !! 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- f ~:. ~,.'\ ".1:: 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 ~ r b f". ~,' f.i' ~~. ~: 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 I 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. --- ( :5 ) --- 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 --- ( 4 ) --- ..