ORDINANCE NO. 2002-123 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAGUNA NIGUEL, CALIFORNIA, ADOPTING MODEL GLIDER FLYING REGULATIONS FOR LILLY SHAPELL PARK The City Council of the City of Laguna Niguel does ordain as follows: SECTION 1. Findings and purpose. 1. In 1994, the site for a public park in the Hillcrest Estates area of Laguna Niguel was conveyed by Shapell Industries, Inc. to the Laguna Niguel Community Services District, which is a subsidiary district of the City of Laguna Niguel. 2. Shapell Industries, Inc. developed that site into a public park, which was subsequently named by the City of Laguna Niguel, the "Lilly Shapell Park." 3. Since before conveyance of the site and the development of the Park, model gliders have been flown from that site, including being flown over the adjacent Aliso Creek area. 4. The Academy of Model Aeronautics ("AMA") insurance program insures the flying of model gliders at the Park. 5. Signs are posted at the Park setting forth guidelines for flying model gliders at the Park. 6. There have been incidents of model gliders landing on the roofs and in the backyards of houses located adjacent to the Park. 7. City staff has investigated the flying of model gliders at the Park to determine whether additional City regulations for model glider flying at the Park should be adopted. 8. City staff has drafted this ordinance containing regulations for the flying of model gliders at the Park for consideration by the City Council. 9. The City Council finds that the primary cause of model gliders landing on roofs and in backyards of homes adjacent to the Park is the lack of qualifications and experience of some of the glider pilots. 10. The City Council hereby determines that to eliminate incidents of gliders landing on roofs and in backyards a comprehensive program for qualifying glider pilots should be adopted and regulations on the conduct of glider flying, including demarcation of areas where flying is allowed, should be adopted by ordinance. - 1 -
11. The purpose of this Ordinance is to adopt regulations (1) requiring the qualification of glider pilots and (2) regulating the flying of gliders at Lilly Shapell Park. SECTION 2. Glider flying regulations. Article 4 (entitled "Glider flying regulations for Lilly Shapell Park") is added to Division 1 (Parks, Beaches and Recreation Areas), of Title 13 (Parks and Recreation Facilities) of the Laguna Niguel Municipal Code to read as follows: Sec. 13-1-76. Prohibition on flying without a permit. No person shall fly gliders at Lilly Shapell Park unless and until he or she has received from the City a permit to fly gliders at the Park pursuant to this article. No person who has had his or her permit suspended or revoked shall fly gliders at the Park until and unless that permit is reinstated. Sec. 13-1-77. Definitions. (a) "AMA" means the Academy of Model Aeronautics. (b) "City" means the City of Laguna Niguel and the Laguna Niguel Community Services District, which is a subsidiary district of the City. (c) (d) (e) (f) (g) (h) (i) (j) "Combat flying" means the flying of any glider in such a manner as to intentionally interfere with another glider, cause damage to another glider, or cause another glider to crash. "Director" means the City of Laguna Niguel Director of Recreation. "Flying Plan" means the map of the Park and surrounding area that depicts the areas where gliders may be flown and the areas for take off and landing of gliders. "Frequency Board" means the board that is required by this article to be located at the Park and upon which frequencies that may be used for glider flying and flying regulations are required to be displayed. "Glider" means a model airplane or aircraft that is flown by using wind currents and is controlled by the remote control operation of the wings and tail. The term "glider" does not include any airplane or aircraft that is driven by a propeller or is propelled by a gasoline or electric engine or motor. "Park" means the Lilly Shapell Park, which is located in Hillcrest Estates in the City of Laguna Niguel. "Permit" means the permit issued by the City to allow flying of gliders at the Park. "Person" means both the singular and the plural and shall also mean and include a person or an individual. - 2 -
(k) (l) "Pilot" means any person who is flying a glider at the Park. "Range Check" means insuring that the remote control for a glider is working properly and that there is control over the flying surfaces of the glider. Sec. 13-1-78. Permits for flying gliders at the Park. (a) The Director shall establish procedures and requirements for the issuance, suspension and revocation of permits to fly gliders at the Park. That process shall include the following: 1. Persons desiring to fly gliders at the Park being required to submit to the City an application for a permit to fly gliders. 2. The Director appointing a committee of at least three qualified and experienced glider pilots to review and make recommendations regarding the applications for flying permits. 3. The committee preparing a procedure for (1) the review and issuance or denial of applications for permits and (2) the suspension or revocation of such permits. 4. The procedure being subject to the approval of the Director. 5. Each committee member being a member of AMA, having at least three years experience flying remote controlled gliders and at least one year experience flying such gliders at the Park. 6. The procedure for qualifying a glider pilot including the applicants demonstrating by actual glider flying that they have the requisite qualifications and experience. 7. The decision as to whether to issue a permit to an applicant being made by the Director, but the Director not being able to issue a permit for an applicant unless the committee has determined that the applicant is qualified to fly gliders at the Park. 8. The suspension or revocation of permits issued to persons who do not comply with the regulations contained in this article. 9. The establishment of a procedure by the committee to make recommendations to the Director on the suspension or revocation of permits with the procedure including an opportunity for the pilot to have a hearing before the committee and for that committee, after holding such a hearing, to make a recommendation to the Director with the decision on suspension or revocation being made by the Director. (b) The members of the committee shall monitor the flying of model gliders at the Park and the compliance by pilots with the requirements of the regulations contained in this article. Sec. 13-1-79. Signs and frequency board. - 3 -
(a) The Director shall post at the Park at least one sign which lists the regulations contained in this article. The sign shall be posted on or near the Frequency Board and at such other locations as deemed appropriate by the Director. The sign shall also contain a statement to the effect that glider pilots by flying gliders at the Lilly Shapell Park are agreeing to comply with all of the posted regulations. (b) The Director shall provide, at an appropriate location at the Park, a Frequency Board on which the potential frequencies that may be used for remote control glider operation are posted with a mechanism that allows for showing which frequencies are currently in use. The Frequency Board shall be available for posting of messages regarding glider operations and related activities at the Park. (c) The Director shall maintain the sign and the Frequency Board in good order and keep them current as to changes in flying regulations. (d) The Director shall cause to be prepared a Flying Plan which shall depict the areas at the Park where gliders may be flown, including the take off and landing areas. The Flying Plan shall also depict pilot stations. The Flying Plan shall be in compliance with the regulations contained in this article. The Director shall have the Flying Plan posted on the Frequency Board with the posted flying regulations. Sec. 13-1-80. Glider flying regulations. (a) All persons who fly gliders at the Park shall comply with each and every one of the following regulations. A permit applicant's ability to comply with these regulations shall be used in determining the issuance or denial of a permit to fly at the Park. A permittee's unwillingness or inability to comply with these regulations shall be used in determining the suspension or revocation of a permit to fly at the Park. 1. Gliders may only be flown over the back slope of the Park and the valley areas to the west of the Park. 2. Gliders may not be flown over any residences. 3. Gliders may only take off and land in the designated take off and landing areas shown on the posted Flying Plan. 4. Pilots shall take all actions necessary to avoid gliders striking or landing on houses or landing in backyards of houses. 5. Gliders shall not be flown over the trail that runs through the Park or over the east side of the trail, except when landing gliders. 6. Gliders shall not be landed on the grass area of the Park if there are Park users in that area or if trail users are in the vicinity of the grass area. If a glider must be landed when people are in those areas, the glider shall be landed in the landscaped area located below and on the west side of the trail. 7. Only five gliders may be flown at a time and if five gliders are being flown from the Park, no person shall fly a glider at the Park until one of the flying gliders is landed. - 4 -
8. When flying gliders, pilots must be at one of the pilot stations which are designated on the posted Flying Plan. following: 9. Before flying a glider at the Park, each pilot must comply with the a. Pilots must have in their possession the permit required by this article and place that permit on the Frequency Board for the frequency that they are using to fly the glider. b. Pilots must have liability insurance in the amount of at least $1 million to cover their activities in flying gliders and they must have at all times that they fly gliders at the Park proof of such insurance with them. c. Pilots shall only use frequencies that are not already being used as demonstrated by the Frequency Board. Pilots shall only use radio controlled frequencies allowed by the Federal Communications Commission. d. No Person shall turn on a transmitter until their permit is placed on the Frequency Board and an unused frequency is obtained. e. Pilots shall, before every glider flight, check battery voltage of the batteries in the glider and the remote control device for the glider, and make sure that the batteries have sufficient power for the duration of the flight. f. Pilots shall range check all new airplanes before they are flown. 10. If a glider lands on private property, no person shall go onto that property to retrieve the glider, unless that person first obtains permission from the property owner to retrieve the glider. If permission to retrieve a glider is refused, then the pilot shall contact the Orange County Sheriff's Department and request assistance in obtaining the return of the glider. 11. Pilots shall not engage in combat flying at the Park. 12. Launching gliders by means of rubber bands or any other mechanical device at the Park is prohibited. (b) Glider pilots shall be responsible for any damages that they cause by the flying of gliders, including, but not limited to, interfering with the remote control signal to another glider, striking another glider, striking or landing on the houses or backyards of houses surrounding the Park, or causing damage to the improvements at the Park. In the event any incidents of a glider causing property damage or personal injury occur, the pilot of the glider shall provide, if requested, his or her name, address, telephone number and insurance information to anyone who is injured or whose property is damaged. Sec. 13-1-81. Prohibition of powered airplanes - 5 -
is prohibited. The flying of electric or gasoline powered model airplanes or aircraft at the Park Sec. 13-1-82. Implementation. The City Manager is directed and authorized to adopt and promulgate regulations which are consistent with this article to implement the provisions of this article. Sec. 13-1-83. Violations. Any person violating Sections 13-1-76 or 13-1-81 shall be subject to citation and prosecution for violation of the Laguna Niguel Municipal Code. Violation of the regulations set forth in Section 13-1-80 shall not be subject to citation or prosecution, but shall be used as provided for in Section 13-1-78 to determine issuance, denial, suspension and revocation of the permit required to be obtained to fly gliders at the Park. SECTION 3. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, subdivision, sentence, clause, phrases, or portion thereof irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. SECTION 4. Effective Date. This Ordinance shall go into effect and be in full force and operation from and after thirty (30) days after its final passage and adoption, except that Section 13-1-76 shall not go into effect until March 1, 2003. SECTION 5. City Clerk's Certification. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be posted at the duly designated posting places within the City and published once within fifteen (15) days after passage and adoption as required by law; or, in the alternative, the City Clerk may cause to be published a summary of this Ordinance and post a certified copy of the text of this Ordinance in the Office of the City Clerk five (5) days prior to the date of adoption of this Ordinance, and, within fifteen (15) days after adoption, the City Clerk shall cause to be published the aforementioned summary and shall post a certified copy of this Ordinance, together with the vote for and against the same, in the Office of the City Clerk. PASSED, APPROVED AND ADOPTED this 17th day of December, 2002. ATTEST: - 6 - Mike Whipple, Mayor
Juanita Zarilla, City Clerk - 7 -