§ 18-1. [Aircraft on roads.]

(a)

Findings of fact. The Board of County Commissioners of Sarasota County, Florida, finds and determines that:

(1)

An aircraft operating under its own power, whether stationary or taxiing, on a public right-of-way or any public property outside of the confines of an officially designated airport, is a serious hazard to human life and property and creates a public nuisance.

(2)

An aircraft with a disengaged engine may be safely towed on a public right-of-way provided the requirements of F.S. ch. 316 and County regulations for towing are met.

(3)

Pursuant to F.S. § 316.006 and the Sarasota County Charter, Sarasota County shall have jurisdiction over all streets and highways located within its boundaries, except State roads, and may enact reasonable regulations for the use of such rights-of-way to protect the public health, safety and welfare.

(4)

In order to promote the public health, safety and welfare of citizens and property in Sarasota County, it is necessary and desirable to enact reasonable regulations to regulate the use of aircraft on public rights-of-way under the jurisdiction of Sarasota County.

(b)

Prohibiting the operation of aircraft under propeller power on public right-of-way. It shall be unlawful for any person to operate or taxi any aircraft under propeller power or with the engine engaged on, upon or across any road right-of-way or public property under the jurisdiction, ownership or control of Sarasota County, unless such right-of-way or property has been designated by the County for active aircraft use. No provision of this section shall be construed to prohibit the towing or transporting of any aircraft with a dead engine on a public right-of-way or upon public property in Sarasota County provided all State and local regulations regarding the towing of machinery or equipment are met.

(c)

Exemptions. The provisions of this section shall not apply to the operation of aircraft on private property or private roads or rights-of-way not dedicated to the public. The owners of such private property, private roads, or rights-of-way shall have full responsibility and liability for the safe operation of aircraft in such areas. The provisions of this section shall not apply to the operation of aircraft upon public rights-of-way and public property under emergency conditions when no other reasonable alternative for operation exists. The provisions of this section shall not apply to emergency medical aircraft; aircraft operated by any federal, State or local law enforcement agency; or aircraft operated by Sarasota County personnel while performing duties authorized by the Board of County Commissioners.

(d)

Enforcement. The provisions of this section may be enforced by any State or local official charged with the responsibility of enforcing traffic regulations pursuant to Florida law, including the Sheriff of Sarasota County. In addition to any enforcement provisions provided herein, Sarasota County shall have the right to apply to any court of competent jurisdiction for injunctive or other appropriate relief to enforce the provisions of this section. In any civil action, Sarasota County shall be entitled to an award of reasonable attorney's fees and costs.

(e)

Penalty for violation. Any person found guilty of violating any provision of this section shall be guilty of a misdemeanor of the second degree punishable upon conviction by a fine of not more than $500.00 or imprisonment for not more than 60 days or both for each offense.

(f)

Severability. Should any subsection or provision of this section be declared by a court of competent jurisdiction to be unconstitutional or invalid, such decision shall not affect the validity of this section as a whole, or any part thereof other than the part so declared to be unconstitutional or invalid.

(Ord. No. 91-063, §§ 1—6, 11-26-1991)