Municipal Code
CHAPTER 430 Aircraft
430.01 Take-off and landing; approval required;
application; fee.
430.02 Exemptions.
430.03 Review of applications; public hearings.
430.04 Applicable laws and requirements.
430.05 Emergency equipment.
430.06 Permanent facilities prohibited.
430.07 Liability of owners and operators; equitable
remedies.
430.99 Penalty.
CROSS REFERENCES
Airports and landing fields - see Mich. Const. Art. 7,
§16
Municipal airports and landing fields - see M.C.L.A.
123.63
et seq.
Aircraft generally - see M.C.L.A. 259.1 et seq., 750.43
et seq.
430.01 TAKE-OFF AND LANDING; APPROVAL REQUIRED;
APPLICATION; FEE.
(a) No person shall, by himself or herself, or through
others, cause any aircraft to take off or alight from,
or descend or land in, the Village, unless approval
shall have been obtained in advance from Council at
least thirty days prior to any such intended take-off,
ascent, descent or landing. Any person seeking such
approval shall first complete an application to be
provided by the Village Clerk, including all required
jurats and affidavits which may be required as part of
said application. Such application shall be filed with
the Village Clerk, together with an application fee in
the amount of one hundred twenty-five dollars ($125.00),
at least forty-five days prior to any such take-off,
ascent, descent or landing within the Village. The
application to be completed shall, along with other
information, include the proposed time of day, date and
exact location of the activity for which approval is
sought, as well as a full description, including the
serial number, of any aircraft or lighter-than-air
craft. For purposes of this section, "aircraft" and
"lighter-than-air craft" shall include fixed-wing
aircraft, ultra-light aircraft, helicopters, balloons
and any other vehicle or device capable of propelling or
carrying one or more persons more than twenty feet off
the ground.
(b) Any person making such application to the Village
shall complete an application for each intended set of
take-offs and landings (or ascents or descents). A set
of take-offs and landings or ascents or descents shall
be deemed to mean a single take-off (or ascent) and a
single landing (or descent). If only a take-off (or
ascent) or a landing (or descent) is intended to take
place within the Village, then the application shall
fully explain the means of transporting the craft to or
from the Village.
(Ord. 143. Passed 8-23-84.)
430.02 EXEMPTIONS.
This chapter shall not apply to bona fide emergency,
police or government crafts carrying on activities
within the scope or purpose of the emergency, police or
government agency. (Ord. 143. Passed 8-23-84.)
430.03 REVIEW OF APPLICATIONS; PUBLIC HEARINGS.
In reviewing a proposed application, Council shall
schedule a public hearing wherein comments shall be
received from members of the public concerning the
proposed application. At the time such application is
set for public hearing, the Village Clerk shall cause a
letter of inquiry to be sent to the Federal Aviation
Administration soliciting comments or other information
concerning the proposed application.
(Ord. 143. Passed 8-23-84.)
430.04 APPLICABLE LAWS AND REQUIREMENTS.
In reviewing an application, Council shall take into
account the requirements of the ordinances of the
Village, the laws of the State and Federal regulations
concerning use of aircraft as provided in this chapter.
In addition to any of the foregoing, Council shall take
into account the following specific requirements
concerning the application:
(a) Noise generation, including the duration and extent
of any proposed noise and its effect on humans and
wildlife or potential physical damage;
(b) Buffers available to protect surrounding properties,
including shrubbery, buildings, walls or other
protective devices;
(c) Potential nuisances or dangers to persons or
property, including livestock and pets, from the
proposed use;
(d) Potential fumes, smells or other odors generated by
the proposed use, including exhaust and fuel storage;
(e) Potential danger caused by winds or air movement
generated by the proposed use;
(f) Potential for nuisance or damage as a result of
dust, including spreading of vegetation spores
potentially harmful to humans or animals.
(Ord. 143. Passed 8-23-84.)
430.05 EMERGENCY EQUIPMENT.
Under no circumstances shall Council approve any
application without a specific finding as to the
adequacy and availability of emergency equipment which
might be required in the event of a mishap, accident or
disaster. In assessing such adequacy and availability,
Council shall take into consideration the potential for
fire, the dangerous relative to the kind or type of fuel
being utilized, and the potential need for extrication
and emergency treatment of victims, both in the vehicle
as well as on the ground. No application shall be
approved without a specific finding by Council that
there is presently available within the Village
fire-fighting equipment suitable in kind and nature to
combat a fire from either electrical, gasoline, kerosene
or other propulsive fuels which may be involved in the
proposed use.
(Ord. 143. Passed 8-23-84.)
430.06 PERMANENT FACILITIES PROHIBITED.
Under no circumstances shall any permanent facility be
erected, designated or constructed within the Village
for taking-off (ascending) or landing (descending) of
any aircraft or lighter-than-air craft.
(Ord. 143. Passed 8-23-84.)
430.07 LIABILITY OF OWNERS AND OPERATORS; EQUITABLE
REMEDIES.
Violations of this chapter shall subject the operator
and owner of an aircraft or other vehicle provided for
in this chapter to the penalty provided in Section
202.99 of the Administration Code. In addition to such
penalty, any unauthorized use of an aircraft or
lighter-than-air craft shall subject such vehicle to
seizure by Village officials and shall subject the
operator and owner of such vehicle to costs of removal
and storage. (Ord. 143. Passed 8-23-84.)
430.99 PENALTY.
(EDITOR'S NOTE: See Section 202.99 for general Code
penalty if no specific penalty is provided.)
