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HomeMy WebLinkAboutSS2 - Banner-Towing AircraftsCITY OF NEWPORT BEACH August 28, 2001 CITY ATTORNEY'S OFFICE Agenda Item SS 2 TO MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBIN L. CLAUSON, ASSISTANT CITY ATTORNEY DAVID KIFF, ASSISTANT CITY MANAGER DAVID NIEDERHAUS, GENERAL SERVICES DIRECTOR RE BANNER - TOWING AIRCRAFT DATE : AUGUST 28, 2001 STUDY SESSION BACKGROUND: The City Council has asked staff how the City might respond to complaints from residents regarding banner towing airplanes that advertise along the Orange County coastline during the summer. Newport Beach residents as well as residents of our coastal city neighbors, have complained about the loud drone of airplane noise throughout the day — especially on the weekends —and have asked why the City does not regulate or prohibit their operation: FAA Preemption. The short answer is that all cities are preempted by the U.S. Government from regulating aircraft flying within each city's airspace. Title 49 Section 40103 of the U.S. Code declares that the U.S. Government has exclusive sovereignty over the airspace of the United States. The Federal Aviation Administration (FAA) is granted the power to develop plans and policies for the use of airspace and to prescribe traffic regulations on the flight of aircraft (including regulations on safe altitude) for: (a) navigating, protecting and identifying aircraft; (b) protecting individuals and property; (y using the navigable airspace efficiently; and (d) preventing collisions. The FAA's right to exclusively regulate the airspace has been consistently upheld by the courts. American Airlines Inc. vs. City of Audobon Park. Kentuckv (1969) 407 F.2d 1306; City of Burbank vs. Lockheed Air Terminal (1978) 411 U.S. 624. But No Flying Below 1,000 Feet. The relevant FAA regulation that currently addresses the operations of airplanes is Federal Aviation Regulation (FAR) 91.119. FAR 91.119 prohibits aircraft from flying below an altitude of 1,000 feet above the highest obstacle Mayor and Members of the City Council August 28, 2001 Page 2 within a horizontal radius of 2,000 feet of the aircraft in a congested area. However, if the plane flies over open water, outside the 2,000 feet radius, its altitude is limited to only 500 feet above any vessel on the ocean below. As a point of reference, topographical maps show that the altitude of Signal Peak, the highest point along the San Joaquin Transportation Corridor, is 1,180 feet above sea level. Pacific Coast Highway along Crystal Cove State Park averages 250 feet above sea level. Ocean Blvd. above Corona del Mar State Beach is approximately 150 feet in height. Therefore, if a citizen is standing at Lookout Point viewing the ocean and a plane flies by within 2,000 feet horizontally from Lookout Point, that pilot would be required to be flying the plane at a minimum altitude of 1,150 feet above sea level. Additional Regulations around Newport Beach /JWA. Newport Beach has additional regulations within its airspace because of the flight patterns from John Wayne Airport. The City's General Services Director, Dave Niederhaus, is an avid pilot and is very familiar with FAA regulations. He has provided the attached aeronautical chart that shows that most of the City's coastline is within a "Class C" controlled airspace. Class C airspace is controlled from ground level to 4,400 feet by Southern California Approach Control (SCAC). To enter the Class C control zone over Newport Beach an aircraft operator must have two -way radio communications with SCAC and receive clearance into the area. Aircraft must be equipped with a transponder and an altitude encoder. A transponder is an avionics device that transmits a four digit code assigned to the pilot by the radar controller and the altitude encoder is a device that transmits the aircraft's altitude. Within the Class C Zone, banner - towing aircraft must be at least 1,000 feet but no more than 1,500 feet in altitude. A pilot's altitude in the Class C airspace is therefore easily determined by the SCAC since the radar operator can see the plane's position, speed, direction of flight and altitude within the control zone at all times. Five Local Towing Companies. In addition to altitude restrictions, FAR 91.311 prohibits pilots from towing basic banners except in accordance with a "Certificate of Waiver' issued to the operator by the FAA Administrator. A list of the five businesses that tow advertising banners from planes flying out of the Long Beach Airport is attached. Representatives from two of the companies, Aviad Corporation and Aerial Promotions, Inc., met with Dave Niederhaus on August 9, 2001, and expressed their desire to cooperate to address citizens concerns on safety, noise and congestion. What Cities and Residents Can Do. Even though local government cannot regulate or prohibit aircraft from towing banners along the coast, cities can work with the operators and the FAA to obtain the operators voluntary agreement to address concerns and to request additional conditions upon the "Certificate of Waiver." We can also educate citizens on existing regulations and provide FAA phone numbers to report pilots flying at less than 1,000 feet and other unsafe practices, or violations. While it may be difficult for a person on the ground to distinguish between a 950 feet flight path and a 1,000 -foot path, elevations of local geographical points may be helpful as a a Mayor and Members of the City Council August 28, 2001 Page 2 point of comparison. A person standing at Lookout Point can compare his or her view at approximately 150 feet of altitude to that of a plane flying by and determine if the plane is level with, above or below this altitude. Given that Signal Peak is at 1,180 feet, a plane flying along our beaches next to 150 feet tall bluffs should be almost as high as Signal Peak. Attached is a copy of an information bulletin produced by the FAA that provides directions on the information citizens need to provide to the FAA to assist in enforcing the regulations for banner operations. The FAA regulates operations under a Certificate of Waiver by the inspection of all tow banner aircraft and pilot's flight histories. Because many pilots that fly for the advertising companies do so to obtain additional hours of flying time to qualify for employment in the airline industry, a clear record of compliance with the FAA regulations is important to their record for future employment opportunities and to the operator to renew the Certificate of Waiver. The City has invited representatives from the Cities of San Clemente, Dana Point, Laguna Beach, Huntington Beach, and Seal Beach to this afternoon's Study Session. Also invited are the two industry representatives from the banner towing companies that met with Dave Niederhaus earlier this month. They will be available to answer questions or provide additional information. RECOMMENDATION: We recommend that the City Council direct staff to: 1. Work with Newport Beach residents and with other cities to educate residents as to how to appropriately determine, photograph, and report potential violations of the FAA's regulations; and 2. Work with towing company operators and the FAA to try to reach a voluntary agreement for noise abatement procedures such as having the planes make turns out over the water. RLC:da Attachments: Aeronautical Chart List of Five Banner Towing Businesses Information bulletin produced by the FAA 21 ED rVi to to To ay sov 3000 j j BANNER TOWING Aerial Promotions. Inc. / Bob Dobry, Owner 2870 E. Wardlow Road Long Beach, CA 90807 (562) 492 -1018 Aerial Sign Company Mr. David Collette, Director of Flight Operations 7501 Pembroke Road Hollywood, FL 33023 (954) 989 -2056 Aviad Corporation Wayne Mansfield, President 250 Clark Street North Andover, MA 01845 (978) 420.6250 Paradise Aerial Advertising Wayne Fulton, Manager 903 Airport Drive #2 San Luis Obispo, CA 93401 (805) 785 -0144 Sky Ads Robert Scott. Manager 21213 -8 Hawthorne Boulevard Torrance, CA 90509 (310) 638-8000 Low Flying Aircraft Complaints ......Low Flying Aircraft Complaint The Federal Aviation Administration (FAA) is the government agency responsible for aviation safety. We welcome information from citizens that will enable us to take corrective measures including legal enforcement action against individuals violating Federal Aviation Regulations (FAR). It is FAA policy to investigate citizen complaints of low -flying aircraft operated in violation of the FAR, and that might endanger persons or property. To 91om Should You Complain? Within FAA, the Office of Flight Standards monitors aircraft operations. Locally, Flight Standards inspectors work in a Flight Standards District Office (FSDO). See below for the office nearest you. If no FSDO is listed, call any FAA facility: they can give you this information. "The facts, Ma am, the factsl" Before contacting the FSDO /GADO, remember that the FAA is a safety organization with legal enforcement responsibilities. So we will need facts before we conduct an investigation. To save time, please have this information ready when you call. And do keep your notes: we may request a written statement. Here is the type of information we need: • Identification - Can you identify the aircraft? Was it military or civil? Was it a high -or low -wing aircraft? Did you record the registration number which appears on the fuselage? (On U.S. registered aircraft, that number will be preceded with a capital "N.") • Time and place - Exactly when did the incident(s) occur? Where did this happen? What direction was the aircraft flying? What was the color? • Altitude - How high (low) was the aircraft flying? On what do you base your estimate? Was the aircraft level with or below the elevation of a prominent object such as a tower or building? Did you obtain photographs? Are there any witnesses who could confirm your estimate - do you have their names, addresses, telephone numbers? • Supporting Evidence: • Witnesses, Police, • Photographs Page 1 of 3 i i httD:// www.faa.eov /fsdo/hln/lowflv.htm 08/17/2001 /c Low Flying Aircraft Complaints Do you know of any other witnesses? The more the better. Do you have their names, addresses? They may be contacted. Are local police aware of the problem? While they have limited authority in aviation matters, police officers are considered "trained observers" by the courts and their written statements or reports make excellent evidence should our enforcement action go to trial. If you took photographs, we need to know the lens used, and the height of any identifiable landmarks that appear. What FAA Will Do Once we have the appropriate facts, an FAA aviation safety inspector from the local FSDO /GADO will attempt to identify the offending aircraft operator. We can do this in several ways. For example, we can check aircraft flight records with our air traffic control information and/or sightings from other observers, such as local law enforcement officers. We may need to trace and contact the registered aircraft owner, since the owner and operator may be two different people. Do you want feedback? FAA welcomes assistance in identifying and prosecuting all violations of the Federal Aviation Regulations. Citizens complaining about low - flying aircraft will, upon request, be advised of the final results of the FAA investigation: be sure to give the FSDO /GADO your name, address and telephone numbers where you can be reached at home and at work. If further information is required, please write: Community and Consumer Liaison Division, APA -200, Federal Aviation Administration, Washington, D.C. 20591. During regular duty hours (7:30 a.m. - 4:00 p.m., Eastern Time, Monday through Friday), telephone (202) 267 -3481. • This is the FAR • If you're interested, shown below is Title 14, Code of Federal Regulations, Section 91.119 of the General Operating and Flight Rules which specifically prohibits low -flying aircraft. 91.119 Minimum safe altitudes; general • Except when necessary for takeoff or landing, no person may operate an aircraft below the following altitudes; • (a) Anywhere. An altitude allowing, if a power unit fails, an emergency landing without undue hazard to persons or property on the surface. • (b) Over congested areas. Over any congested area of a city, town, or settlement, or over any open air assembly of persons, an altitude of 1,000 feet above the highest obstacle within a horizontal radius of 2.000 feet of the aircraft. • (c) Over other than congested areas. • An altitude of 500 feet above the surface except over open water or sparsely populated areas. In that case, the aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or structure. Page 2 of 3 7 Low Flying Aircraft Complaints • (d) Helicopters. Helicopters may be operated at less than the minimums prescribed In paragraph (b) or (c) of this section if the operation is conducted without hazard to persons or property on the surface. In addition, each person operating a helicopter shall comply with routes or altitudes specifically prescribed for helicopters by the Administrator. Helicopter operations may be conducted below the minimum altitudes set for fixed -wing aircraft. The reason? The helicopter's unique operating characteristics, the most important of which is its ability to execute pinpoint emergency landings during power failure. Further, the helicopter's increased use by law enforcement and emergency medical service agencies requires added flexibility in the application of many FAA provisions. Page 3 of 3