§ 8.17. Permitted Aeronautical Activities of Helicopters.

(a)

Aeronautical Activities by Government Helicopters. Helicopters operated by the City, the County of Orange, the State of Florida, or the United States, or any agency or instrumentality thereof (hereinafter referred to as "governmental units"), may conduct aeronautical activities on any Type A heliport controlled by such governmental unit, or on any property within the City or on property controlled by the City or the Aviation Authority located outside the City when engaged in official governmental business if such activities can safely be conducted and if:

(1)

The person in control of the property on which such aeronautical activities are conducted consents thereto; or

(2)

Such activities are conducted in response to an emergency and there is not sufficient time to obtain the consent of the person in control of the property on which such activities are conducted; or

(3)

Entry upon such property is made pursuant to a validly issued search warrant.

Nothing contained in this paragraph shall be deemed to expand or limit the civil liability, if any, of any governmental unit for trespass to property or for death or injury to persons or damages to property arising out of the conduct of such aeronautical activities.

(b)

Aeronautical Activities by Rescue Helicopters. Helicopters operated by hospitals and air ambulance services which hold rescue helicopter permits issued by the City may conduct aeronautical activities on the following property under the following conditions:

(1)

On the Type B heliport at which such helicopter is based;

(2)

On any heliport with the consent of the person in control of such heliport; and

(3)

On any property if such aeronautical activities can be safely conducted, and if such activities are reasonably necessary to preserve human life;

provided, however, that nothing contained in this subsection shall be deemed to expand or limit the civil liability, if any, of any person in control of such rescue helicopter for trespass or for any damages arising out of such conduct of aeronautical activities.

All rescue helicopters shall be clearly identifiable as such and shall have the name of the hospital or air ambulance service operating the same indicated on the vehicle. Each rescue helicopter shall be equipped with a siren and a flashing red dome light or a rotating beacon light which siren and light shall be used when conducting aeronautical activities on any property which is not a heliport unless the pilot thereof is otherwise instructed by the Orlando Police Department. Each rescue helicopter shall be equipped with a two-way radio tuned to a frequency authorized by the City for use by rescue helicopters. No rescue helicopter may conduct aeronautical activities on any property within the City or controlled by the City or Aviation Authority which is not a heliport without first notifying the Orlando Police Department so that it may take such safety measures, including, but not limited to the closing of streets or erecting of barricades, as it deems necessary or desirable under the circumstances.

(Ord. of 10-2-1972, § 1; Ord. of 5-7-1984, Doc. #18543)