HomeMy WebLinkAboutOrd 1141-2025-04 Amending Code Ch 11 Traffic and VehiclesCITY OF ANNA, TEXAS
ORDINANCE NO. 1141- ZoZS -oy
AN ORDINANCE OF THE CITY OF ANNA, TEXAS, AMENDING THE
CODE OF ORDINANCES, CITY OF ANNA, TEXAS BY AMENDING
CHAPTER 11 "TRAFFIC AND VEHICLES," BY ADDING A NEW
ARTICLE 11.05, "AIRCRAFT"; ESTABLISHING SAFETY
REQUIREMENTS FOR AIRCRAFT, HELICOPTERS, HELIPADS, AND
HELISTOPS; PROVIDING FOR CERTAIN EXCEPTIONS APPLICABLE
TO EMERGENCIES AND PUBLIC SAFETY PERSONNEL, PROVIDING
FOR A SEVERABILITY CLAUSE; PROVIDING FOR A SAVINGS
CLAUSE; PROVIDING FOR A PENALTY CLAUSE; PROVIDING FOR AN
EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION OF THE
CAPTION HEREOF.
WHEREAS, the City of Anna, Texas, a home -rule city possessing the full power of local
self-government pursuant to Article 11, Section 5 of the Texas Constitution, Section
51.072 of the Texas Local Government Code, and the City of Anna, Texas Home -Rule
Charter possesses authority to adopt and implement necessary and reasonable
ordinances in the best interest and safety of its citizenry; and
WHEREAS, the City Council determines that it is in the best interest of the citizens of the
City to amend the Code of Ordinances by adopting provisions addressing the safe
operation, landing, and take -off of helicopters within the corporate limits;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS, THAT:
Section 1. Findings Incorporated. The findings set forth above are incorporated into the
body of this ordinance as if fully set forth herein.
Section 2. Amendment to Code. Amendment to Chapter 11 (Traffic and Vehicles) to the
Anna City Code of Ordinances by adopting a new Article 11.05, entitled
"Aircraft" to read as follows:
City of Anna Ordinance No. 1191 Page 1
ARTICLE 11.05 AIRCRAFT
§ 11.05.001 Applicability; Definitions.
(a) This article does not apply to:
(1) drones or unmanned aircraft as defined below; or
(2) flights for law enforcement, public safety, or emergency fire or medical
purposes such as emergency patient transport.
(b) The following words, terms and phrases when used in this article, shall have
the meanings ascribed to them in this section, except where the context clearly
indicates a different meaning:
Aircraft means any person -carrying structure for navigation of the air, designed to
be supported either by the buoyancy of the structure or by the dynamic action of the air
against its surfaces, including but not limited to airplanes, propeller -driven and jets,
helicopters or lighter -than -air craft, such as balloons, dirigibles, and ultralights.
Drones or unmanned aircraft means an aircraft except that it is operated without
the possibility of direct human intervention from within or on the aircraft
Heliport means an area of land or water or a structural surface which is used, or
intended for use, for the landing and takeoff of helicopters, and any appurtenant areas
which are used, or intended for use, for heliport buildings and other heliport facilities.
Helistop means the same as a heliport, except that no refueling, maintenance,
repairs or storage of helicopters is permitted.
§ 11.05.002 Minimum altitude of operation of aircraft other than helicopters.
It shall be unlawful for any person to operate an aircraft, other than a helicopter,
under 1,000 feet in the city limits.
§ 11.05.003 Release of advertising pamphlets, etc.; general prohibition.
It shall be unlawful for any person to release or throw any object, advertising
pamphlet or any solid or liquid material from any flying aircraft in such a manner that
such material will fall within the city except when such actions are necessary in
emergencies as provided in section § 11.05.004.
§ 11.05.004 Exceptions to prohibitions; emergency matters; council approval.
The city council or city manager with the mayor's consent may grant a special
permit to a party to release solid or liquid materials from a helicopter or other aircraft
and permit the aircraft to be operated at a height level below the minimum
requirements of this article when an emergency situation presents itself which calls for
immediate action to preserve the health, safety, and general welfare and morals of the
general public.
City of Anna Ordinance No. I I g I Page 2
§ 11.05.005 Use of loudspeaker for advertising.
It shall be unlawful to use a loudspeaker or other sound or noisemaking device in
an aircraft of any type, flying over the city for advertising.
§ 11.05.006 Minimum altitude of operation of helicopters; exception.
Except when necessary for takeoffs or landings, no person shall operate a
helicopter below 1,000 feet above ground level. This section shall not apply to flights
for law enforcement, emergency fire and medical purposes and other similar uses or to
flights over well -traveled corridors as long as a sufficient height is maintained that in
the event of a power failure, the pilot has sufficient room to make a safe and
autorotational landing.
§ 11.05.007 Takeoffs and landings —Restriction generally as to helicopters;
exceptions.
(a) It shall be unlawful to takeoff or land any helicopter at other than an approved
heliport or helistop approved by the city council in compliance with the city zoning
ordinance, building code, and regulations of the United States Federal Aviation
Administration except under the conditions and terms set out in § 11.05.008. This
section does not apply to landings or takeoffs for purposes of law enforcement,
emergency fire and medical purposes and other similar uses, including
governmental.
(b) It shall be unlawful to land any aircraft on publicly owned or held property without
permission from the requisite public entity except for governmental purposes.
§ 11.05.008 Same —Authorization for limited purposes; time.
On special and limited occasions and where there is a need, the city manager, or
his authorized representative, may issue a permit to operate, land and takeoff a
helicopter at a location that is not an approved heliport or helistop provided that the
applicant complies with the following terms and conditions:
(1) Sign application giving the following information:
a. Location.
b. Furnish plot plan showing the following:
1. General area.
2. Specific place where the helicopter is proposed to be utilized.
3. Show and indicate all safety measures to be used.
c. Type of helicopter.
d. Date and time.
e. Purpose of request.
f. Name of pilot.
City of Anna Ordinance No. 1 14 1 Page 3
(2) Certify that the pilot is a licensed pilot operating under a license issued by the
Federal Aviation Administration of the United States.
(3) Certify that the helicopter has been rated or licensed by the Federal Aviation
Administration of the United States.
(4) Furnish a certificate, affidavit or letter from the United States Federal Aviation
Administration stating that the proposed site and plan meet all of the
requirements of the administration.
(5) Furnish a certificate of insurance in the amount of
$1,000,000.00/$3,000,000.00 to cover all risks anticipated in the proposed
operations, specifically covering the city as an entity and the general public.
(6) The applicant for the permit shall sign a hold harmless agreement
indemnifying and releasing the city from any damages, injuries or causes of
action that could arise from the operation of the helicopter that would
constitute a taking or damaging under the state or federal constitution, a
nuisance, either public or private, a trespass or as a result of an act of
negligence or from any other cause of action.
§ 11.05.009 Rating aircraft.
No helicopter which has not been rated or licensed by the Federal Aviation
Administration of the United States or its successors shall be flown from, taken -off
from, or landed at or upon any heliport or helistop in the city.
§ 11.05.010 Conformity with federal air regulations.
No person shall navigate any helicopter over, land upon or fly such helicopter
from, or service, maintain or repair any helicopter or conduct any helicopter operations
on or from a heliport or helistop within the city limits, otherwise than in conformity with
the requirements of the federal air regulations as established by the Federal Aviation
Administration, or its successors.
§ 11.05.011 Condition of aircraft; operation by unskilled or intoxicated persons.
No person shall knowingly operate any aircraft above the city or give any
exhibition of flying while such aircraft is in a defective condition which is likely to cause
any accident or injury to person or property, nor shall any person operate an aircraft
over the city at any time unless such person is fully capable of handling and controlling
the aircraft so operated, nor shall any person operate any aircraft while under the
influence of any drug or intoxicant of any nature so as to incapacitate such person from
safely operating any such aircraft.
§ 11.05.012 Location of ground vehicles on heliport premises.
Ground vehicles, other than those regularly employed in the service of helicopters
at a heliport, shall stay within the limits of parking spaces and drives and shall not enter
the landing area.
City of Anna Ordinance No. I I LI I Page 4
§ 11.05.013 Compliance with other regulations; additional requirements.
(a) No heliport or helistop shall be constructed, operated or maintained unless such
heliport or helistop has been approved by the city council pursuant to the zoning
ordinance and building code, and conducted, operated and maintained in
accordance with all requirements of the Federal Aviation Administration, or its
successors.
(b) All persons desiring to operate and maintain a heliport or helistop within the city
limits must furnish certificates, affidavits or letters from regulatory federal
agencies, namely the Federal Aviation Administration and its successors, that the
proposed airport, heliport or helistop meets all of the requirements of these
agencies.
(c) All heliports or helistops must be properly marked with United States Federal
Aviation Administration's heliport day marker.
(d) Suitable ground cover must be provided over any dirt or exposed area outside of
the landing pad of a heliport or helistop in order to reduce dust.
(e) All elevated heliports or helistops shall provide clearly visible signs showing the
maximum helicopter gross weight for which it is designed.
(f) The operator or owner of any heliport or helistop shall furnish the city with
certificates of insurance that fully protect the general public and the city from any
damages that might be caused or arise from the operation and maintenance of the
heliport or helistop.
(g) The owner or operator of any heliport or helistop shall sign a hold harmless
agreement indemnifying and releasing the city from any damages, injuries or
causes of action that could arise from the operation of any heliport or helistop that
would constitute a taking or damaging under the state or federal constitution, a
nuisance, either public or private, a trespass or as the result of an act of
negligence or from any other cause of action.
(h) It shall be unlawful for the owner or operator of any heliport or helistop to operate
such areas in a manner that would create a public or private nuisance due to the
noise, odor, soot, dirt, engineer road, dust, gas fumes or vibration as the result of
the construction, operation and maintenance of a heliport or helistop.
§ 11.05.014 Penalty.
(a) Any person who shall violate any of the provisions of this article shall be deemed
guilty of a misdemeanor and, upon conviction thereof, shall be fined as provided in
forth in the Anna City Code of Ordinances, § 1.01.009. Any person who shall aid,
abet or assist in the violation of any of the provisions of this article shall be
deemed guilty of a misdemeanor.
(b) In a prosecution for violation of this article, it shall not be necessary for the
complaint to allege, or for proof to be made, that the act was knowingly done; nor
shall it be necessary for the complaint to negate any exception contained in this
article concerning any prohibited act.
City of Anna Ordinance No. I 19 1 Page 5
Section 3. Severability. Should any section, subsection, sentence, clause or phrase of
this ordinance be declared unconstitutional or invalid by a court of competent
jurisdiction, it is expressly provided that any and all remaining portions of this
ordinance shall remain in full force and effect. The City Council hereby
declares that it would have passed this ordinance, and each section,
subsection, clause or phrase thereof irrespective of the fact that any one or
more sections, subsections, sentences, clauses and phrases be declared
unconstitutional or invalid.
Section 4. Savings/Repealing Clause. All provisions of any ordinance in conflict with this
ordinance are hereby repealed to the extent they are in conflict; but such
repeal shall not abate any pending prosecution for violation of the repealed
ordinance, nor shall the repeal prevent a prosecution from being commenced
for any violation if occurring prior to the repeal of the ordinance. Any remaining
portions of said ordinances shall remain in full force and effect.
Section 5. Penalty. Any person, firm or corporation violating any of the provisions of this
ordinance shall be subject to the penalty provisions set forth in the Anna City
Code of Ordinances, Section 1.01.009, and each and every day such violation
shall continue shall be deemed to constitute a separate offense.
Section 6. Caption Publication. The caption of this ordinance shall be published onetime
in a newspaper having general circulation in the City of Anna following the
City Council's adoption hereof as provided by law.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS
ON THE V4- DAY OF APRIL 2025.
CITY OF ANNA, TEXAS
City of Anna Ordinance No. 11 4 1 Page 6