10-12 Operating Restrictions

A. No Person shall operate any Aircraft to, from, or on the Airport which is not equipped with brakes or other positive means to assure adequate ground control.

B. No Person shall operate any Aircraft to, from, or on the Airport which is not equipped with an operable two-way radio capable of communicating with the Airport control tower on such frequencies as may now be in use or hereafter established for such Aircraft.

C. No Person shall operate any Aircraft to, from, or on the Airport which has a tip-to-tip wingspan of greater than 95 feet.

D. No Person shall operate any Aircraft to, from, or on the Airport having a Maximum Allowable Gross Landing Weight in excess of one hundred thousand (100,000) pounds dual-wheel or one hundred sixty-thousand (160,000) pounds dual tandem wheel. (Ord. 005-2010)

E. No Person shall operate any Aircraft to, from, or on the Airport that is Stage 1, pursuant to the noise rating standards of FAR Part 36. (Ord. 89-3 § 2 )

F. No Person shall conduct any Nighttime Operations in an Aircraft that is certificated as Stage 2, pursuant to the noise rating standards of FAR Part 36.

G. No Person shall arrive at the Airport in an Aircraft that is certificated as Stage 3, pursuant to the noise rating standards of FAR Part 36, between 2300 hours (eleven P.M.) local time and 0700 hours (seven A.M.) local time; and no Person shall depart from the Airport in an Aircraft that is certificated as Stage 3 between 2230 hours (ten thirty P.M.) local time and 0700 hours (seven A.M.) local time. This restriction is more fully detailed in Section 10.12.060.

H. The following limited exceptions to these restrictions shall apply:

A. There is established at the Airport a preferential Runway system for the taking off of all Aircraft. Subject to Runway closures, weather conditions, and emergencies, Aircraft shall take off to the northwest on Runway 33. Departures from Runway 15 are permitted only with written authorization of the Director of Aviation, and must be consistent with the Director of Aviation’s criteria for approval of take-off on Runway 15 as published by the Director.

B. The take-off of an Aircraft shall begin at any point on the Runway as instructed by the control tower.

C. There is established at the Airport a preferential Runway system for the landing of all Aircraft. Subject to Runway closures, weather conditions, and emergencies, Aircraft shall land on Runway 15.

D. Landing Aircraft shall clear the Runway as soon as practical after landing, consistent with safe operating procedures.

E. No landing or takeoff shall be made except as authorized by the control tower. When the tower is closed, Aircraft must make announcements in the manner prescribed by the FAA for Aircraft operations at an uncontrolled airport. This requirement is not intended to permit Aircraft operations when the Airport is closed, except as may be authorized in accordance with Sections 10.12.030, 10.12.060 or 10.12.070.

The following shall apply to all Nighttime Operations at the Airport.

A. Nighttime Operations by Scheduled FAR Part 121/135 Commercial Airlines. All scheduled FAR Part 121/135 commercial airlines shall be subject to the following limitations:

1. All Aircraft certified under FAR Part 25 and all turbo jet Aircraft engaging in such Nighttime Operations shall be required to comply with or be exempt from FAR Part 36, Stage 3 noise regulations. Aircraft designated by a Stage 2 noise rating shall be prohibited from engaging in Nighttime Operations unless otherwise provided by these regulations.
2. All such commercial operations shall have arrived at the Airport (landed on the ground) prior to 2300 hours, local time. It is the responsibility of the Pilot and the operator of each Aircraft, jointly and severally, to have departed from its final point of departure prior to arrival at the Airport at such a time to allow for arrival at the Airport within this time limitation taking into account all factors, including, without limitation, the following:
   • a. Foreseeable gate delays;
   • b. Foreseeable air traffic control (ATC) delays;
   • c. Foreseeable weather conditions at point of departure, en route to the Airport and at the Airport;
   • d. Individual Aircraft performance capabilities.
   • e. Information contained in all applicable NOTAMS;
3. If such a flight operation is expected to arrive at the Airport at any time after 2300 hours local time, that Air Carrier shall immediately report that flight prior to arrival to the Director of Aviation, or to the Director’s designee.
4. For all actual late arrivals and departures, (landed or departed after Airport closure, whether or not they were required to be reported pursuant to subdivision (3) of this subsection) the Air Carrier must file a full written report (signed and certified as accurate by an authorized official or employee of the carrier) on that flight operation with the Director of Aviation on the day following the late arrival, which report must include the following:
   • a. Certified scheduled departure time and actual gate departure time;
   • b. Copy of original flight plan of the non-stop to Aspen flight leg;
   • c. Stated reason for the late departure and/or late arrival;
   • d. Weather report at point of departure, en route and at the Airport at the time of gate departure;
   • e. Number of passengers on board the Aircraft;
   • f. Time of arrival at the Airport; and
   • g. Time of any departure, pursuant to subdivision (5) of this subsection, and number of passengers on departing Aircraft.
5. In the event of any operation conducted after closing as defined herein, Pitkin County reserves all rights to enforce against Pilots and operators, jointly and severally, all penalties prescribed in Chapter 10.32. However, the County, including the County court will consider mitigating factors including, without limitation, the following:
   • a. Facts indicating compliance with subsection (A)(2)(a) through (e) and (A)(4)(a) through (g) of this section;
   • b. Facts or circumstances causing the delay beyond the control or reasonable foreseeability of the Pilot and/or operator;
   • c. The extent of the closure violation;
   • d. A number and/or pattern of closure violations indicating a lack of an intent to evade the closure regulations.
6. Any non-stop flight operation between Denver and the Airport that arrives at the Airport under the provisions of subsection (A)(3) of this section, may depart from the Airport and return to Denver, if the turnaround departure is prompt and is necessary for the operational plan of the Air Carrier without incurring any further violation of this provision.
7. All scheduled FAR Part 121/135 commercial airlines departures from the Airport, except as expressly provided in subsection (A)(6) of this section, shall depart prior to 2230 hours, local time.