§ 8.32. Special Aeronautical Activity Permits.

Any person, other than the operator of a rescue helicopter engaged in aeronautical activities permitted by this Chapter, and other than the operator of a governmental helicopter engaged in aeronautical activities permitted by this Chapter, who desires to cause any helicopter to conduct any aeronautical activities on any property which is not a heliport of the type on which it is authorized by this Chapter to conduct aeronautical activities, and any person who desires to operate any aircraft on any property within the City or any property located outside the City which is controlled by the City or the Authority in a manner not specifically permitted by the foregoing provisions of this Chapter and the regulations promulgated hereunder shall, not less than fourteen (14) days prior to the date such aeronautical activities are proposed to be conducted, file with the Chief of Police four (4) copies of an application for a special aeronautical activity permit and pay an application processing fee of fifty dollars ($50.00). Such application shall contain the following information:

(a)

The name and address of the applicant;

(b)

A description, including type, make, model, dimensions and landing weight of the aircraft;

(c)

A description of the property on which the aeronautical activities are proposed to be conducted, the name of the person in control thereof, together with such person's affidavit stating he controls such property and consents to the conduct of such aeronautical activities therein (provided, however, that, if the property proposed to be so used is property controlled by the City or the Aviation Authority, the application shall contain a request for the granting of such consent in lieu of such affidavit);

(d)

A description of the aeronautical activities proposed to be conducted;

(e)

The date and time or times at which such activities are proposed to be conducted;

(f)

The reason for desiring to conduct such aeronautical activities on such property;

(g)

Evidence that the applicant can obtain the insurance required to be carried by this subsection; and

(h)

Evidence that the Federal Aviation Administration has determined that the proposed aviation activities may be safely conducted on such property.

Upon receipt of such application, the Chief of Police shall deliver one copy thereof to the Director, one copy thereof to the Fire Chief, and one copy thereof to the Mayor. The Director, or his representative shall review the application, inspect the said property and advise the Mayor, or his designee, of:

(a)

Any aeronautical matters he deems material to the conduct of the proposed activities;

(b)

Any aviation procedures which should be instituted in connection therewith for reasons of air safety; and

(c)

The estimated cost to the City of instituting such procedures.

The Fire Chief or his representative shall review the application, inspect the said property, and advise the Mayor, or his designee, of:

(a)

Any fire protection matters he deems material;

(b)

Any fire protection procedures he deems should be instituted in connection with the proposed activities; and

(c)

The estimated cost to the City of instituting such procedures.

The Chief of the Orlando Police Department or his representative shall review the application, inspect the said property and advise the Mayor, or his designee, of:

(a)

Any pertinent law enforcement, traffic control or ground safety problems which may be created by the conduct of the proposed activities;

(b)

Any police procedures, including, but not limited to, the erection of barricades, redirecting of vehicular and pedestrian traffic, and the providing of ambulances, which he deems should be instituted in connection with the conduct of such activities; and

(c)

The estimated cost to the City of instituting such procedures.

Upon receipt by the Mayor of the foregoing advice he shall consider the application and shall authorize the Chief of Police to issue the requested permit unless:

(a)

He finds that the proposed aeronautical activities cannot be safely conducted;

(b)

He finds that the proposed aeronautical activities cannot be safely conducted without placing an excessive burden on the City's or Authority's Police Department or Fire Department;

(c)

He finds that the property on which the aeronautical activities are proposed to be conducted is property controlled by the City or the Authority and that the conduct of such activities may cause damage to such property, deprive the City, the Authority or the public of the normal use of such property, or place an excessive burden on any agency, instrumentality, department or bureau of the City or the Authority or be in violation of City or Authority policy respecting the use of such property;

(d)

He finds the application to be incomplete or finds it to contain any false allegations;

(e)

He finds that the proposed activities will be disruptive to the operation of any school or hospital, or disruptive of any religious ceremony, or that such activities will constitute a nuisance; or

(f)

He finds that the proposed activities will cause any dust, sand, water or debris to settle on any other property.

Prior to the issuance of any special aeronautical activity permit the Chief of Police shall require the applicant:

(a)

To post with the Chief of Police a cash bond equal to one and one-half (1½) times the estimated cost to the City of instituting the procedures recommended by the Police Chief, Fire Chief and Executive Director of the Authority, as aforesaid;

(b)

To obtain public liability insurance written on an occurrence basis, naming the City or the Authority as a co-insured, with limits of two million dollars ($2,000,000.00) for personal injury or death and two million dollars ($2,000,000.00) for damage or destruction of property arising out of the conduct or attempted conduct of the proposed aeronautical activities; and

(c)

To pay a permit issuance fee of twenty-five dollars ($25.00).

If the property to be used for the conduct of such aeronautical activity is property controlled by the City or the Authority, they may make a reasonable additional charge for the use thereof. A special aeronautical activities permit issued hereunder shall be signed by the Chief of Police or his representative, and shall specify the following:

(a)

The name of the applicant;

(b)

The name of the pilot of the aircraft involved;

(c)

The make, model, and type of aircraft to be used and the registration number thereof;

(d)

The address, or description of the property on which the activities are to be conducted;

(e)

The extent and nature of the activities authorized to be conducted;

(f)

The date and time the activities are to be commenced and terminated; and

(g)

A description of any procedures which the Mayor shall reasonably require to be followed as a condition to the issuance of the permit.

Upon completion of the said aeronautical activities pursuant to such permit, the City shall charge the expenses incurred by it to institute the procedures recommended by the Police Chief, Fire Chief and Director against the said cash bond and shall remit the balance of said cash bond, if any, to the person posting the same within thirty (30) days of the date the said aeronautical activities were completed. In the event the said expenses exceed the amount of the said bond, said excess shall be paid by the person posting such bond within ten days after demand by the City.

(Ord. of 10-2-1972, § 1)