It shall be unlawful for any person to land any aircraft, including airplanes or helicopters, within the corporate limits of the Town without prior approval of the Town as hereinafter provided.

(Ord. No. 16-05-01, § 2, 5-11-16)

It shall be unlawful for any person to land any aircraft, including airplanes or helicopters, within any residentially zoned lands within the corporate limits of the Town, except as provided for in Section 28-513 for emergency purposes. Residentially zoned lands shall include single-family, townhouse, multifamily and mobile home and recreational vehicle land uses.

(Ord. No. 16-05-01, § 3, 5-11-16)

(a)

Any person seeking approval to land any aircraft or locate a helistop landing area on non-residentially zoned within the corporate limits of the Town shall file an application in writing on a petition for approval provided by the Town. Such application shall contain the following information:

(1)

Exact location of landing area;

(2)

Name and mailing address of applicant;

(3)

Hours of operation and frequency of landing;

(4)

Estimated daily arrivals and departures;

(5)

Reason for landing an aircraft or establishment of helistop landing area, specifying the reason for landing any aircraft, the nature of the service or business for which helicopters are to be used; and

(6)

Any other information applicable to the subject request relevant to its justification and approval.

(b)

An application fee in an amount established by resolution of the Town Commission must be paid at the time of the application submittal.

(Ord. No. 16-05-01, § 4, 5-11-16)

The sections of this article requiring prior approval shall not apply to aircraft or helicopters landing within the Town limits in case of a valid emergency landing required to preserve life or property or by duly authorized law enforcement officers landing a helicopter during the conduct of official business, or to helicopters operated by government or quasi- government agencies landing within the Town limits pursuant to written authorization by the Town Manager; provided that such government and quasi-government agencies are required to provide the information specified herein and hold the Town harmless from liability, whenever landing aircraft or helicopters in the Town under authorization from the Town Manager.

(Ord. No. 16-05-01, § 5, 5-11-16)

Any person who desires to land any aircraft or helicopter on non-residentially zoned land within the Town on a temporary, nonemergency basis must apply in writing to the Town Manager, and must provide the information specified in section 28-512. The Town Manager shall consult with Town Staff and any consultants deemed necessary to analyze the request and subsequently place the application on the agenda for Town Commission consideration. Approval may be granted by the Town Commission only upon a clear showing that the public health, safety and welfare are served thereby. Such approval shall be conditioned upon the site being safe for landing purposes and landings shall be permitted only between the hours of 8:00 AM and 6:00 PM. Town or Town-sponsored events shall be exempt from this requirement.

(Ord. No. 16-05-01, § 6, 5-11-16)

Any person who desires to land any aircraft or helicopter on non-residentially zoned land within the Town at a designated permanent site must apply in writing to the Town Manager, and must provide the information specified in section 28-512. The Town Manager shall consult with Town Staff and any consultants deemed necessary to analyze the request and subsequently place the application on the agenda for Town Commission consideration. Approval may be granted by the Town Commission only upon a clear showing that the public health, safety and welfare are served thereby.

(Ord. No. 16-05-01, § 7, 5-11-16)

Any person who shall violate any provisions of this article to fail or comply with any of the requirements in this article shall, upon conviction thereof, be subject to a fine not to exceed five hundred dollars ($500.00) or by imprisonment not exceeding ninety (90) days, or both. Each landing or takeoff that occurs without prior approval shall constitute a separate offense.

(Ord. No. 16-05-01, § 8, 5-11-16)