HOLMES BEACH – Commissioners are considering enacting an aircraft nuisance ordinance that will carry hefty fines for violations.
During the Oct. 23 commission work session, Police Chief Bill Tokajer presented the proposed ordinance to commissioners, saying there have been complaints about the pilot of a two-person aircraft that flies along the Palma Sola Causeway and Anna Maria Island. Tokajer said the pilot’s intent to pick up and drop off passengers from the Manatee Public Beach also is a cause for concern because it creates a liability issue for the city.
If the new ordinance is approved, ultralights and other aircraft cannot be piloted over congested areas and places of open-air assembly. Under the ordinance, beaches, parking lots, waterways, and water areas surrounding the city would be included. Commissioners also agreed to include parks in the proposed ordinance. To fly over these areas, the pilot must fly no lower than 1,000 feet over the highest obstacle within a horizontal radius of 2,000 feet of the aircraft at any time.
Violation of the ordinance constitutes a nuisance, and offenders can be charged $500 for the first violation, $1,000 for the second violations, $2,000 for the third violation and a fourth violation would amount to the highest fine allowable by law. City Attorney Patricia Petruff said she would research to determine what the options for the actual maximum fine could be. Commissioner Jim Kihm suggested also adding a provision that if the recipient chooses to contest the fine and go to a special magistrate, the recipient should pay all fines plus the cost of special magistrate administrative fees if the fine is upheld.
Though the ordinance was scheduled for a first reading at the regular commission meeting immediately following the work session, Petruff said too many changes had been made, and a first reading would need to be scheduled for a future meeting.
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