§ 3-42. Presumption of aircraft noise violation.  


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  • (a)

    In the event that the director of aviation determines to his or her reasonable satisfaction that a particular type or class of aircraft cannot meet the noise level restrictions set forth in Section 3-41, it shall be presumed that operation of such aircraft will result in a violation of those restrictions and any aircraft of such particular type or class shall not be permitted to land on, tie down on, be based at, or take off from the airport.

    (b)

    The owner or operator of any aircraft presumed to violate the noise restrictions set forth in Section 3-41 shall be enTitled to rebut such presumption to the reasonable satisfaction of the director of aviation by furnishing evidence to the contrary, including, but not limited to, changes in operating procedures, retro-fitting measures and changes in engine or maintenance.

(Ord. No. 4440 § 2, 1991.)