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I'm not sure, but our city attorney is a pilot with instrument rating
and came up with the proposal that was adopeted. It is even anotated in the A/FD. We have a sign at the fuel pump as a reminder. John wrote: Ross Richardson wrote: We used to have a pilot come buzz our airport is a small aerobatic plane. Not sure the brand. He had total disregard to any traffic in the area. He would get down to 20' and run the runway. He would fly over the top of folks, run head-on to departing aircraft then abruptly turn away, etc. Our airport enacted an ordinance against high speed flight below pattern altitude. I'm not sympathetic to the buzzer, but how can an airport enact an ordinance regarding aircraft in the air? I could see how they (or a local government that owns the 'port) could pass ordinances affecting the runway and surface, but I'm confused how they could attempt to regulate airplanes already flying. |
#2
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![]() "Ross Richardson" wrote in message ... I'm not sure, but our city attorney is a pilot with instrument rating and came up with the proposal that was adopeted. It is even anotated in the A/FD. We have a sign at the fuel pump as a reminder. Is he also an aviation attorney? Like someone here already said, such violations are the jurisdiction of the FAA. The locals could post most anything on the gas pumps, but it'll never fly (pardon the pun) in court. John wrote: Ross Richardson wrote: We used to have a pilot come buzz our airport is a small aerobatic plane. Not sure the brand. He had total disregard to any traffic in the area. He would get down to 20' and run the runway. He would fly over the top of folks, run head-on to departing aircraft then abruptly turn away, etc. Our airport enacted an ordinance against high speed flight below pattern altitude. I'm not sympathetic to the buzzer, but how can an airport enact an ordinance regarding aircraft in the air? I could see how they (or a local government that owns the 'port) could pass ordinances affecting the runway and surface, but I'm confused how they could attempt to regulate airplanes already flying. |
#3
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Like someone here already said, such violations are the jurisdiction of the
FAA. The locals could post most anything on the gas pumps, but it'll never fly (pardon the pun) in court. If you sign an agreement, you are bound by the terms. You may legally agree not to fly fast and low, and although you may not be subject to local criminal sanctions, you would be subject to whatever penalties you agreed to abide by, same as any other contract. Jose -- The price of freedom is... well... freedom. for Email, make the obvious change in the address. |
#4
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In article ,
Jose wrote: Like someone here already said, such violations are the jurisdiction of the FAA. The locals could post most anything on the gas pumps, but it'll never fly (pardon the pun) in court. If you sign an agreement, you are bound by the terms. You may legally agree not to fly fast and low, and although you may not be subject to local criminal sanctions, you would be subject to whatever penalties you agreed to abide by, same as any other contract. Define "fast"? Define "low"? Does a missed approach meet these definitions? Isn't a low approach, by its very name, a violation? How about a balked landing? I think your local ordinance will be difficult to enforce. |
#5
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Define "fast"?
Define "low"? [...] I think your local ordinance will be difficult to enforce. It's not my ordinance. I did not say it was well written (I have the same opinion as you that way) but I do say that it is possible to limit aviation, despite federal provisions, through contract law. No, I am not a lawyer. Jose -- The price of freedom is... well... freedom. for Email, make the obvious change in the address. |
#6
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In a previous article, Jose said:
Like someone here already said, such violations are the jurisdiction of the FAA. The locals could post most anything on the gas pumps, but it'll never fly (pardon the pun) in court. If you sign an agreement, you are bound by the terms. You may legally What agreement? -- Paul Tomblin http://xcski.com/blogs/pt/ About Windows XP, seen in Forbes Magazine .. "...the world's richest Chief Software Architect continues a record for design elegance unmatched since the Yugo." |
#7
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What agreement?
This one: We have a sign at the fuel pump as a reminder. A signature is not required for a contract (or agreement) to be valid and binding. There is a principle called, I believe, "detrimental reliance", whose application here would be that if there is a sign that says (I don't know what the actual one says) "Buying fuel here constitutes acceptance of the following..." and you buy fuel there, you have accepted whatever follows. Jose -- The price of freedom is... well... freedom. for Email, make the obvious change in the address. |
#8
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Jose wrote:
What agreement? This one: We have a sign at the fuel pump as a reminder. A signature is not required for a contract (or agreement) to be valid and binding. There is a principle called, I believe, "detrimental reliance", whose application here would be that if there is a sign that says (I don't know what the actual one says) "Buying fuel here constitutes acceptance of the following..." and you buy fuel there, you have accepted whatever follows. I'm not a lawyer, but I believe that there are other requirements for a contract to be valid. If the sign on the pump said "Buying fuel here means you agree to murder your mother-in-law", I think most courts wouldn't consider that to be entering into a valid contract. Matt |
#9
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Where is that airport? sounds like a great place to visit!
![]() Matt Whiting wrote: Jose wrote: What agreement? This one: We have a sign at the fuel pump as a reminder. A signature is not required for a contract (or agreement) to be valid and binding. There is a principle called, I believe, "detrimental reliance", whose application here would be that if there is a sign that says (I don't know what the actual one says) "Buying fuel here constitutes acceptance of the following..." and you buy fuel there, you have accepted whatever follows. I'm not a lawyer, but I believe that there are other requirements for a contract to be valid. If the sign on the pump said "Buying fuel here means you agree to murder your mother-in-law", I think most courts wouldn't consider that to be entering into a valid contract. Matt |
#10
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If the sign on the pump said "Buying fuel here means you agree to murder your mother-in-law", I think most courts wouldn't consider that to be entering into a valid contract.
Yes, but (depending on the judge's mother-in-law ![]() do with detrimental reliance. There is another principle wherein a contract that is impossible, illegal, or dripping with evil would be null and void. Difficult or mean however would still be upheld. What's the difference? $300/hr to get a guess. ![]() Jose -- The price of freedom is... well... freedom. for Email, make the obvious change in the address. |
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