Airport noise levels controlled by noise monitors:
Effective Feb. 1, 1992: Airplanes must not generate Single Event
Noise Exposure Level (SENEL) which exceeds levels set at each monitor
based on time of day. For details, see information below.
The following information was received on August 8, 1991 and is
the revision to the Aircraft Noise Restrictions at Hayward Executive
Airport.
Performance-Based Noise Regulation Effective February 1, 1992
Aircraft presumed to be in violation when exceeding a maximum noise
level of 77 dBA from 7:00am to 11:00pm and 73 dBA from 11:01pm to
6:59am on take-off as listed in FAA AC 36-3F. In addition, noise
limits of 98 SENEL from 7:00am to 11:00pm and 95 SENEL from 11:01
pm to 6:59 am as measured by the airport monitoring system will
be enforced. Aircraft Noise Restrictions (Revisions adopted
July 23, 1991, effective as of February 1, 1992)
Aircraft Noise Limit: Section 2-6.120
(a) No aircraft may take off, land or otherwise operate at the
Airport between the hours of 7:00am and 11:00 pm if it generates
a Single Event Noise Exposure Level (SENEL) which exceeds the
following values as measured at any one of the Airport's four
Noise Monitoring Terminals (NMT):
|
Runways 28L/28R |
Runways 10R/10L |
| NMT #1 |
98 |
NMT #1 |
98 |
| NMT #2 |
98 |
NMT #2 |
98 |
| NMT #3 |
98 |
NMT #3 |
100 |
| NMT #4 |
98 |
NMT #4 |
99 |
(b) No aircraft may take off, land or otherwise operate at the
Airport at night between the hours of 11:01 pm and 6:59 am if
it generates a Single Event Noise Exposure Level (SENEL) which
exceeds the following values as measured at any one of the Airport's
four Noise Monitoring Terminals (NMT):
|
Runways 28L/28R |
Runways 10R/10L |
| NMT #1 |
95 |
NMT #1 |
95 |
| NMT #2 |
95 |
NMT #2 |
95 |
| NMT #3 |
95 |
NMT #3 |
97 |
| NMT #4 |
95 |
NMT #4 |
96 |
Presumption of Aircraft Noise Violation:
(a) Between the hours of 7:00 am and 11:00 pm, any aircraft which
exceeds 77 on the dBA scale on take-off as listed in the FAA AC36-3F,
shall be presumed to be in violation of the maximum single event
noise levels established in section 2-6.120.
(b) Between the hours of 11:01 pm and 6:59 am, any aircraft which
exceeds 73 on the dBA scale on take-off as listed in the AC36-3F,
shall be presumed to be in violation of the maximum single event
noise levels established as described in section 2-6.120
(c) Aircraft types and models which are not listed in AC36-3F
will be allowed to operate at the airport only if:
(i) The FAA determines that the specific aircraft type and model
would meet the AC36-3F noise level limits stated above if it were
tested according to FAA procedures; and
(ii) The operator performs a flight test to the reasonable satisfaction
of the Airport Manager using operating procedures which indicate
an ability to comply with the maximum noise levels established
in section 2-6.120.
Exemptions Section 2-6.123
The following categories of aircraft shall be exempt from the
provisions of section 2-6.120;
(a) All aircraft classified as Stage 3 aircraft by the FAA;
(b) Aircraft operated by the US or the State of California;
(c) Law enforcement, emergency, fire or rescue aircraft operated
by any county, city, subdivision or special districts of the state
when those aircraft are operating in emergency situations including
emergency aircraft flights for medical purposes;
(d) Aircraft used for emergency purposes during an emergency
which has been officially proclaimed by competent authority pursuant
to the law of the United States, the State of California, Alameda
County, or the City of Hayward;
(e) Civil Air Patrol aircraft when engaged in actual search and
rescue missions;
(f) Aircraft which are being operated under a declared in-flight
emergency;
(g) Aircraft operating as a declared air ambulance emergency
flight for medical purposes pursuant to Public Utilities Code
section 21662.4;
(h) Aircraft engaged in takeoffs or landings while conducting
tests under the direction of the Airport Manager in an attempt
to rebut the presumption of aircraft noise violation pursuant
to the provisions of sections 2-6.121 and 2-6.122 above.
Evidence of exemption status under subsections (f) and (g) above
must be provided to the Airport within seven (7) days of the flight.
Culpability of Instructor Pilots Section 2-6.124
In the case of any training flight in which both the instructor
pilot and a student pilot are in the aircraft which is flown in
violation of any of the Aircraft Noise Restrictions, the instructor
pilot shall be rebuttably presumed to have caused the violation.
Culpability of Aircraft Owner Section 2-6.125
For purposes of the Aircraft Noise Restrictions, if the pilot
of an aircraft cannot be otherwise identified, the owner of an
aircraft shall be presumed to be the pilot of the aircraft with
authority to control the aircraft's operation, or presumed to
have authorized or assisted in the aircraft's operation. The presumption
may be rebutted only if the owner or lessee identifies the person
who in fact was the pilot at the time of the asserted violation.
Enforcement Provisions Section 2-6.126
Any person who operates an aircraft in violation of the Aircraft
Noise Restrictions shall be guilty of an infraction. Upon conviction
of an infraction, a person shall be subject to payment of a fine,
not to exceed the limits set forth in California Government Code
section 36900. In addition, the Airport Manager may issue orders
imposing civil penalties for violations of the Aircraft Noise
Restrictions.
The following standards and procedures shall apply to the enforcement
of these provisions:
(a) Upon the first violation of any provision of the Aircraft
Noise Restrictions, a citation shall be issued to the violator
and no civil penalty shall be imposed;
(b) Upon the second violation of any provision of the Aircraft
Noise Restrictions within a three year period, a second citation
shall be issued and the violator shall be subject to a fine of
up to $500.00, a suspension of airport privileges or permits for
up to one year, or both;
(c) Upon the third violation of any provision of the Aircraft
Noise Restrictions within a three year period, a third citation
shall be issued and the violator shall be subject to an order
imposing a civil penalty which may be a fine of up to $500.00,
a suspension of airport privileges or permits for up to three
years or both;
(d)The Airport Manager may also restrict access to and operating
privileges at the airport subject to compliance with certain operating
conditions in order to ensure future compliance with the Aircraft
Noise Restrictions.
(e) Before issuing an order for a violation of the Aircraft Noise
Restrictions, the Airport Manager shall consider all relevant
factors in each case including the willfulness, severity and nature
of the violation, the existence and use of safe noise abatement
operating procedures appropriate to the aircraft, instructions
issued by FAA air traffic control tower personnel for air traffic
safety purposes, and extraneous factors beyond the pilot's control
such as loss of power, maneuvers to avoid other aircraft or unusual
weather conditions;
(f) Any person may appeal an order of the Airport Manager imposing
a civil penalty by filing a written appeal with the Public Works
Director within seven (7) days of the date of the Airport Manager's
order. If the seventh day falls on a weekend or legal holiday
observed by the City then the appeal may be filed on the next
work day;
(g) An order of the Public Works Director shall be final except
for judicial review and shall not be appealable to the City Council;
(h) A willful violation of a lawful order of either the Airport
Director or the Public Works Director shall constitute a separate
and distinct violation of these Aircraft Noise Restrictions;
(i) Any person who fails to pay a civil penalty within 30 days
after the issuance of an order to do so shall pay a separate charge
of ten percent of the unpaid amount of the civil penalty. The
airport Director may also exclude such person from the Airport
until the penalty and any late charges are paid;
(j) The remedies established herein are supplementary to any
legal or equitable remedies available to the City in its municipal
and proprietary capacities, including but not limited to its right
to abate nuisances and hazards.
Exclusion of Aircraft from Airport Section 2-6.127
In the event any aircraft has been operated in violation of any
of the Aircraft Noise Restrictions or any other laws, rules or
regulations of the City on three or more occasions within a three
year period, that aircraft may be denied the right to tie down,
be based at, land or take off from the Airport for a period of
three years except in emergencies for the preservation of life
or property as reasonably determined by the Airport Manager.
Operative Date Section 2-6.128
Sections 2-6.119 through 2-6.127 of this Article shall not be
enforced until six months after their adoption. This transition
period is provided to permit education of the aviation community
about the existence of these noise restrictions as well as alternative
noise restrictions which were considered and rejected, to provide
reasonable notification to the owners and operators of aircraft
which are presumptively incapable of complying with such noise
restrictions and to permit compliance with the noise restrictions
by allowing a reasonable time for transition to quieter models
of aircraft or modification of existing equipment.
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