Embedded Files
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:
- 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.
- 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;
- 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.
- 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.
- 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.
- 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.
- 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.
B. All Nighttime Operations at the Airport, other than those commercial operations covered by the provisions of subsection (A) of this section, shall be subject to the following:
- All Aircraft certified under FAR Part 25 and all turbo jet Aircraft engaging in nighttime operations at the Airport shall be required to be in compliance with, or exempt from, FAR Part 36, Stage 3 regulations. Aircraft designated by a Stage 2 noise rating shall be prohibited from engaging in Nighttime Operations unless otherwise provided by these regulations.
- All Aircraft engaging in Nighttime Operations at the Airport shall comply with all relevant Federal Aviation Regulations and any special operating restrictions established by Section 517 of the Federal Aviation Administration Authorization Act of 1994 (Public Law 103-305) regarding Nighttime Operations at the Airport. (§10.12.060 repealed reenacted Ord. 028-05)
Report abuse