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Attn: Aircraft Modelers in Jacksonville FL

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Red Scholefield - 24 Aug 2006 16:12 GMT
ORDINANCE NO. 2006-543-E

Introduced by Council Member Ray and amended on the Floor of Council:

ORDINANCE 2006-543-E

AN ORDINANCE AMENDING CHAPTER 656 (ZONING CODE), PART 4 (SUPPLEMENTARY
REGULATIONS), SUBPART B (MISCELLANEOUS REGULATIONS),ORDINANCE CODE,
ESTABLISHING SECTION 656.420 (PARKING, STORAGE AND REPAIR OF FLYING CRAFT
AND AIRBOATS IN RESIDENTIAL DISTRICTS), AND AMENDING PART 16 (DEFINITIONS),
SECTION 656.1601 (DEFINITIONS),ORDINANCE CODE  TO INCLUDE A DEFINITION FOR
FLYING CRAFT; PROVIDING AN EFFECTIVE DATE.

  WHEREAS  , parking or storing flying craft and airboats in unenclosed
spaces, including a carport, is not an operation in keeping with the
character of a residential neighborhood, and

  WHEREAS  , repairing, testing, operating, constructing, modifying or
altering flying aircraft and airboats anywhere on a residential lot is not
an operation in keeping with the character of a residential neighborhood,
now therefore,

  BE IT ORDAINED  by the Council of the City of Jacksonville:

 Section 1.      Creation of Section 656.420, Chapter 656 Ordinance Code.
Chapter 656 (Zoning Code), Part 4 (Supplementary Regulations), Ordinance
Code is amended to create a new section 656.420 (Parking, storage, repair
and operation of flying craft and airboats in residential districts) to read
as follows:

Chapter 656 ZONING CODE

* * *

PART 4.   SUPPLEMENTARY REGULATIONS

Subpart A. Performance Standards and Development Criteria

* * *

Sec. 656.420.   Parking, storage, repair and operation of flying craft and
airboats in residential districts.

(a) Flying craft and airboats shall not be parked or stored, other than in
completely enclosed buildings, on residentially-zoned property, including
residential PUD districts and properties with a residential component in a
mixed-use PUD district. Airboats may, however, be parked or stored in the
water adjacent to, on docking facilities of, or in a yard fronting a
navigable waterbody of, a waterfront residentially-zoned property, including
a property in a residential PUD district and a property in the residential
portion of a mixed-use PUD district.

(b) Repairing, testing, operating, constructing, modifying or altering
flying craft and airboats shall be prohibited in all residential districts,
including residential PUD districts and properties with a residential
component in a mixed-use PUD district.

* * *

Section 2.      Amendment to Section 656.1601,  Ordinance Code.

Section 656.1601,Ordinance Code  , is hereby amended as follows:

Chapter 656 ZONING CODE

* * *

Part 16.   Definitions

Sec.   656.1601.   Definitions.

* * *

Floor area  means, except as specifically indicated in relation to
particular districts and uses, the sum of the gross horizontal areas of
several floors of a building measured from the exterior faces of the
exterior walls or from the centerline of walls separating two buildings,
excluding attic areas with a headroom of less than seven feet, unenclosed
stairs or fire escapes, elevator structures, cooling towers, areas devoted
to air conditioning, ventilating, heating or other building machinery and
equipment, parkingstructures and basement space where the ceiling is not
more than an average of 48 inches above the general finished and graded
level of the adjacent portion of the lot.

    Flying craft  means any vehicle designed for navigation in the air or
through outer space, including but not limited to airplanes, helicopters and
hot air balloons.

Foster care home  means a facility located within a single-family residence
located in a residential neighborhood and providing a means of resuming the
experience of family living for a child who cannot remain in the home of the
natural parents. The family foster home is a service designed to provide
substitute family and parenthood relationships to foster care children. No
more than six foster children shall be in a foster care home

* * *

Section 3.      Effective Date.        This ordinance shall become effective
upon signature by the Mayor or upon becoming effective without the Mayor's
signature.

Form Approved:

/s/ Dylan T. Reingold  __________

Office of General Counsel

Legislation Prepared By: Dylan Reingold

6/19/2006 G:\shared\LEGIS.CC\2006\ord\Airplaine Enclosure (Enrolled).doc
David Hopper - 24 Aug 2006 22:20 GMT
>     Flying craft  means any vehicle designed for navigation in the air or
>through outer space, including but not limited to airplanes, helicopters and
>hot air balloons.

To pick nits, I would think our models are designed for navigation
from the ground.

 
Signature

David - WD4JKH

Valid email: no-spam0879@mindspring.com

Red Scholefield - 24 Aug 2006 23:53 GMT
More grist for the legal mill to haggle over (at $250.00/hr). As far as I
can see this is the only reason for the ordinance in the first place.

When it comes to lawyers, Shakespeare was right.

Red S.

>>     Flying craft  means any vehicle designed for navigation in the air or
>>through outer space, including but not limited to airplanes, helicopters
[quoted text clipped - 3 lines]
> To pick nits, I would think our models are designed for navigation
> from the ground.
IFLYJ3 - 26 Aug 2006 11:42 GMT
> >     Flying craft  means any vehicle designed for navigation in the air or
> >through outer space, including but not limited to airplanes, helicopters and
[quoted text clipped - 7 lines]
>
> Valid email: no-spam0879@mindspring.com

David,

The aircraft is navigated through the air whether you are in it or on
the ground.

Under this description, the only thing I can figure that is OK, is a
free flying aircraft or a rocket that does not go in to space, since
they are not navigated (Controlled).
Hugh Prescott - 25 Aug 2006 04:17 GMT
Already been beat to death on rec.airplanes.homebuilt usenet.

See detailsb there

Hugh

> ORDINANCE NO. 2006-543-E
>
[quoted text clipped - 106 lines]
>
> 6/19/2006 G:\shared\LEGIS.CC\2006\ord\Airplaine Enclosure (Enrolled).doc
Red Scholefield - 25 Aug 2006 11:29 GMT
No such newsgroup. try rec.aviation.homebuilt  And its not beat to death
until it is rescinded!

Red S.

> Already been beat to death on rec.airplanes.homebuilt usenet.
>
[quoted text clipped - 113 lines]
>>
>> 6/19/2006 G:\shared\LEGIS.CC\2006\ord\Airplaine Enclosure (Enrolled).doc
Ed Cregger - 25 Aug 2006 15:13 GMT
> No such newsgroup. try rec.aviation.homebuilt  And its not beat to death
> until it is rescinded!

I just woke up and this is the first thing that I read, so I may not have
that good of a grasp on the subject, but how does this relate to model
airplanes? Did I miss something?

Ed Cregger
Morgans - 26 Aug 2006 00:16 GMT
> > No such newsgroup. try rec.aviation.homebuilt  And its not beat to death
> > until it is rescinded!
>
> I just woke up and this is the first thing that I read, so I may not have
> that good of a grasp on the subject, but how does this relate to model
> airplanes? Did I miss something?

Strictly reading, it makes no distinction of the size of the airplane, or if
it is man carrying.
Signature

Jim in NC

Ed Cregger - 26 Aug 2006 01:06 GMT
>> > No such newsgroup. try rec.aviation.homebuilt  And its not beat to
>> > death
[quoted text clipped - 7 lines]
> if
> it is man carrying.

I don't park my models outside of the house. How else would it affect
models?

Ed Cregger
Morgans - 26 Aug 2006 08:18 GMT
> I don't park my models outside of the house. How else would it affect
> models?

Do you ever take one, or an engine on a test stand outside, and test run it,
or break it in?

If you do, you are working on one, and you are busted.

Yeah, I know, that is stretching it, but if you have a neighbor that is
pissed off at you, and you have the law in your area, it is chance to call
you on it.
Signature

Jim in NC

Ed Cregger - 26 Aug 2006 15:33 GMT
>> I don't park my models outside of the house. How else would it affect
>> models?
[quoted text clipped - 8 lines]
> pissed off at you, and you have the law in your area, it is chance to call
> you on it.

I feel the full scale aviation community's pain. Such is life as our
population grows ever denser.

I was firmly behind ZPG (Zero Population Growth) back in the late
Sixties/early Seventies. Then, one day, a thought occurred to me that the
only people smart enough to see ZPG's value were - smart people! We now know
that many smart people did not have children, but the rest kept procreating.
Now we have to live with the consequences. Isn't democracy wonderful? <G>

Not long ago I spent a week in a local Catholic hospital. It was a most
pleasant stay, considering the reason that I was there. The people were
wonderful and positive. A favorite saying I kept hearing over and over again
was, "It's all part of God's Plan". Since then I have come to accept that
premise as truth. It makes living a little easier.

My original response was not to criticize the post being made in the model
airplane newsgroup. I'm not a newsgroup monitor/nazi at all. I was just
trying to see how the poster thought that his/her post would be of interest
to modelers. Honest injun!

Ed Cregger
Jim Slaughter - 26 Aug 2006 21:42 GMT
Now Ed, you can't go blaming God for all the bad stuff going on these days.
No fair!

>>> I don't park my models outside of the house. How else would it affect
>>> models?
[quoted text clipped - 32 lines]
>
> Ed Cregger
IFLYJ3 - 26 Aug 2006 11:34 GMT
> >> > No such newsgroup. try rec.aviation.homebuilt  And its not beat to
> >> > death
[quoted text clipped - 14 lines]
>
> Ed Cregger

Ed,

As was previously said, it is real vague and it can be interpreted that
any aircraft fits the description.

To answer on how it affects models. Try test running a 30% to 50% model
with a 7 cu in engine in the backyard to test the law. I'll bet you
will lose, especially if you are a close neighbor to the fellow that
caused it.
Ed Cregger - 26 Aug 2006 15:34 GMT
>> >> > No such newsgroup. try rec.aviation.homebuilt  And its not beat to
>> >> > death
[quoted text clipped - 26 lines]
> will lose, especially if you are a close neighbor to the fellow that
> caused it.

I'll have to give you this point. Someone would complain if they were aware
of the law and wanted to be a PITA.

Ed Cregger
Red Scholefield - 27 Aug 2006 22:48 GMT
Sure you can trust the government - just ask any Indian.  :-)

Red S

"> I'll have to give you this point. Someone would complain if they were
aware
> of the law and wanted to be a PITA.
>
> Ed Cregger
Jim Slaughter - 26 Aug 2006 21:43 GMT
You shouldn't be test running your engines in a close neighborhood anyway!
Go to the field to do it!

>> >> > No such newsgroup. try rec.aviation.homebuilt  And its not beat to
>> >> > death
[quoted text clipped - 26 lines]
> will lose, especially if you are a close neighbor to the fellow that
> caused it.
Doug McLaren - 28 Aug 2006 17:15 GMT
| You shouldn't be test running your engines in a close neighborhood anyway!
| Go to the field to do it!

Yes, but the law prohibits more than that.

You broke your prop?  Well, you can't replace it at home, because that
would be `repairing your aircraft' which is explicitly prohibited by
that legislation.

Personally, when I went to the council meeting, I'd bring a paper
airplane and some tape.  Then when talking to the council, I'd rip my
airplane, and then fix it with some tape.  Then I'd explain how the
law explicitly makes that illegal in my own home ...

It's a stupid law.  It would still be stupid if it only applied to
human-carrying airplanes, but it's exceedingly stupid as written.

Personally, I do occasionally run my engines at home to test them --
they're not really louder than a lawn mower, and I don't run them for
that long.  (Break-ins are done at the field.)  Electrics I'll run
_inside_ the house, much to my wife's dismay when they're for some
screaming high-performance plane.  The kids like it, though.  The cat,
not so much!

Signature

Doug McLaren, dougmc@frenzied.us
Her face was a perfect oval, like a circle that had its two other
sides gently compressed by a Thigh Master.

Doug McLaren - 27 Aug 2006 00:21 GMT
| As was previously said, it is real vague and it can be interpreted that
| any aircraft fits the description.

I don't see how it could be interpeted any other way ...

| To answer on how it affects models. Try test running a 30% to 50% model
| with a 7 cu in engine in the backyard to test the law. I'll bet you
| will lose, especially if you are a close neighbor to the fellow that
| caused it.

Well, it also said that aircraft couldn't be worked on or repaired in
any residental area at all -- visible or not.

So in theory you could be assembling your new ARF on the kitchen
table, and the police could show up ...

Signature

Doug McLaren, dougmc@frenzied.us
Conscience is what hurts when everything else feels so good.

the-plumber - 27 Aug 2006 04:20 GMT
Ed Cregger Wrote:

> I don't park my models outside of the house. How else would it affect
> models?

Operation is also prohibited

--
the-plumbe
Doug McLaren - 27 Aug 2006 17:35 GMT
| > I don't park my models outside of the house. How else would it affect
| > models?
|
| Operation is also prohibited.

Repair is also prohibited.  Even indoors.

You can store them indoors, but can't repair them there.  So that hole
you poked in the monocote?  Better not fix it at home, or the police
will come and arrest you!

Signature

Doug McLaren, dougmc@frenzied.us
`Unix gives you just enough rope to hang yourself -- and then a couple
of more feet, just to be sure.'                             -- Eric Allman
`... We make rope.'  -- Rob Gingell on Sun Microsystem's new virtual memory

Ed Cregger - 27 Aug 2006 23:47 GMT
> | > I don't park my models outside of the house. How else would it affect
> | > models?
[quoted text clipped - 6 lines]
> you poked in the monocote?  Better not fix it at home, or the police
> will come and arrest you!

All of this makes me wonder who pissed in whose Wheaties? <G>

Ed Cregger
Morgans - 28 Aug 2006 00:40 GMT
> All of this makes me wonder who pissed in whose Wheaties? <G>

Yeah, it does, doesn't it?

All you have to do, is do some goggling in rec.aviation.homebuilt and read
the threads about it, and it will quickly become apparent.

It only takes one neighbor who is touchy, and another (in a really tightly
packed older neighborhood) who continues as he wishes, with little regard
for the other's feelings, and you have a problem.

Add a bit of shouting, and name calling, and then some foul language
directed in the direction of powers-that-be, and the ones with the powers
wield their power, swiftly, and absolutely.

The fear in the homebuilding community is now that there is a law on the
books in one big city, others will be soon to follow in other big cities -
all supported on precedence.
--
Jim in NC
Six_O'Clock_High - 01 Sep 2006 03:54 GMT
>> All of this makes me wonder who pissed in whose Wheaties? <G>
>
[quoted text clipped - 16 lines]
> --
> Jim in NC

Sort of makes one wonder where the AMA is in all this.  Or the AOPA.  Or the
EAA.  Or any of the other avaiation related organizations.  This is the way
real rights of all are abused and lost.  I suspect that my club lost two
fields a couple of years ago due to the bad actions of a couple of folks
that painted the entire hobby with a very black brush.  Anyone got any
serious ideas about how to change bad images?  This might spread...<shudder>
Ed Cregger - 01 Sep 2006 06:00 GMT
>>> All of this makes me wonder who pissed in whose Wheaties? <G>
>>
[quoted text clipped - 27 lines]
> got any serious ideas about how to change bad images?  This might
> spread...<shudder>

As long as modelers depend up the kindness of others to provide them with a
flying field, this will be a problem. When modelers have enough interest to
join together and to buy their own property, they will have enough clout to
forestall many pieces of bad legislation and not one second before. In this
capitalist America, money talks.

Ed Cregger
Lyman Slack - 27 Aug 2006 12:12 GMT
Sounds to me like some folks are paranoid or just obsessed with thought of
government taking control of their lives :-)

Lyman

"Ed Cregger"  wrote in message
> I don't park my models outside of the house. How else would it affect
> models?
>
> Ed Cregger
Jim Slaughter - 26 Aug 2006 21:39 GMT
do you REALLY think they're worrying about models? It sounds to me that
they're talking about parking, working on, etc. of full size aircraft and
boats. It's the noise they're worried about I'm sure. I live near airboaters
and it's annoying as hell!

> ORDINANCE NO. 2006-543-E
>
[quoted text clipped - 107 lines]
>
> 6/19/2006 G:\shared\LEGIS.CC\2006\ord\Airplaine Enclosure (Enrolled).doc
the-plumber - 27 Aug 2006 04:28 GMT
Jim Slaughter Wrote:
> do you REALLY think they're worrying about models? It sounds to me that
> they're talking about parking, working on, etc. of full size aircraft
> and
> boats. It's the noise they're worried about I'm sure. I live near
> airboaters
> and it's annoying as hell!

That 'they' may have intended to regulate full size machines, but as
written the ordinance applies to all aircraft irrespective of size.

As for finding airboaters annoying, a goodly number of folks find toy
airplane engines annoying as hell.

Signature

the-plumber

Jim Slaughter - 26 Aug 2006 21:41 GMT
Go down to the city council meeting and sign up to speak and ask them to
exclude model airplanes! Take the whole club with you.
Aside from that, call and talk to the city attorney and tell him you'd like
to see the ordinance exclude 'miniature models'.

> ORDINANCE NO. 2006-543-E
>
[quoted text clipped - 107 lines]
>
> 6/19/2006 G:\shared\LEGIS.CC\2006\ord\Airplaine Enclosure (Enrolled).doc
 
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