DIVISION 9. AVIATION [21001. - 24451.]
Division 9 added by Stats. 1953, Ch. 151.
§§ 21001–24451 · 351 sections
PART 1. STATE AERONAUTICS ACT §§ 21001–21712 · 176 sections
CHAPTER 1. General Provisions and Definitions §§ 21001–21020 · 23 sections
- § 21001 This part may be cited as the “State Aeronautics Act.”
- § 21002 The purpose of this part is to further and protect the public interest in aeronautics and aeronautical progress by the following means: (a) Encouraging the…
- § 21003 Unless the context otherwise requires, the definitions and general provisions set forth in this chapter govern the construction of this part.
- § 21004 The acquisition of any land or interest therein pursuant to this part, the planning, acquisition, establishment, construction, improvement, maintenance,…
- § 21005 This part shall not be construed as limiting any power of the state or a political subdivision to regulate airport hazards by zoning.
- § 21006 This chapter or any other law shall not be construed as prohibiting, restricting, or permitting the prohibition of the operation or landing in populated areas…
- § 21006.5 “Department” means the Department of Transportation.
- § 21007 Whenever the term “California Aeronautics Commission,” “Division of Aeronautics,” or “Department of Aeronautics” is used in any other law, it means the…
- § 21008 “Director” means the Director of Transportation. Any reference in any law or regulation to the Director of Aeronautics shall be deemed to refer to the Director…
- § 21008.3 “Division” means the Division of Aeronautics in the department.
- § 21008.5 “Commission” means the California Transportation Commission.
- § 21009 “Person” means any individual, firm, partnership, corporation, limited liability company, company, association, joint stock association, or body politic; and…
- § 21010 “Political subdivision” means any county, city, city and county, public corporation, district or other political entity or public corporation of this State.
- § 21011 “Aeronautics” means: (a) The science and art of flight, including transportation by aircraft. (b) The operation, construction, repair, or maintenance of…
- § 21012 “Aircraft” means any manned contrivance used or designed for navigation of, or flight in, the air requiring certification and registration as prescribed by…
- § 21013 “Airport” means any area of land or water which is used, or intended for use, for the landing and take-off of aircraft, and any appurtenant areas which are…
- § 21014 “Air navigation facility” means any facility, other than facilities owned or operated by the United States, used, or available or designed for use, in aid of…
- § 21015 “Operation of aircraft” or “operate aircraft” means the use, navigation, or piloting of aircraft in the air space over this State or upon any airport within…
- § 21016 “Airman” means any individual who engages, as the person in command, or as pilot, mechanic, or member of the crew, in the navigation of aircraft while under…
- § 21017 “Airport hazard” means any structure, object of natural growth, or use of land, which obstructs the air space required for flight of aircraft in landing or…
- § 21018 “Airway” means a route in the navigable air space over the land or waters of this State, designated by proper authority as a route suitable for air navigation.
- § 21019 A person who violates this part, other than Section 21407.1 or Section 21709, or any of the rules or orders issued under this part, is punishable by a fine of…
- § 21020 “Land” includes tide and submerged lands or other lands subject to the public trust for commerce, navigation, or fisheries.
CHAPTER 2. Department of Transportation and State Aeronautics Board §§ 21204–21258 · 24 sections
ARTICLE 1. Department of Transportation §§ 21204–21207 · 3 sections
- § 21204 The department may adopt, administer, and enforce rules and regulations for the administration of this part.
- § 21206 The department shall prepare a statement of all estimated revenues of the Aeronautics Account in the State Transportation Fund and revenues available for local…
- § 21207 Whenever a political subdivision owning and operating an airport constructs or implements a noise mitigation project at the airport, including, but not limited…
ARTICLE 1.5. State Aeronautics Board §§ 21215–21216 · 2 sections
- § 21215 (a) The State Aeronautics Board is hereby abolished, and the California Transportation Commission succeeds to, and is vested with, all the duties, powers,…
- § 21216 Any person or entity injured or aggrieved by any procedure or action of the department with respect to aeronautics may appeal to the California Transportation…
ARTICLE 2. Powers and Duties §§ 21240–21258 · 19 sections
- § 21240 This state recognizes the authority of the federal government to regulate the operation of aircraft and to control the use of the airways, and nothing in this…
- § 21241 The department shall encourage, foster, and assist in the development of aeronautics in this state and encourage the establishment of airports and air…
- § 21242 The department may: (a) Draft and recommend necessary legislation to advance the interest of the state in aeronautics. (b) Represent the state in aeronautical…
- § 21243 The department may make and amend general or special rules, regulations, and procedures and establish minimum standards, consistent with and clearly within the…
- § 21244 For the purpose of protecting and insuring the general public interest and safety and the safety of persons operating, using, or traveling in aircraft and…
- § 21245 The department shall keep on file with the Secretary of State, and at its principal office, a copy of all its rules for public inspection.
- § 21246 The department shall provide for the publication and general distribution of all its orders, rules, and procedures having general effect.
- § 21247 The department may enter into any contracts necessary to the execution of its powers under this part. All contracts made by the department, either as the agent…
- § 21248 The department may exercise any of its powers under this part jointly with any political subdivision, state agency, other states or their political…
- § 21249 The department may confer or hold joint hearings with any federal agency in connection with any matter arising under this part or relating to the sound…
- § 21250 The department may avail itself of the cooperation, services, records, and facilities of the federal agencies in the administration and enforcement of this…
- § 21251 In administering this part the department may use the facilities and services of other state agencies and political subdivisions to the utmost extent possible.…
- § 21252 (a) (1) The department, its members, the director, officers and employees of the department, and every state and peace officer charged with the enforcement of…
- § 21253 In the name of the state, the department may enforce this part and rules and orders issued under this part by injunction or other legal process in the courts…
- § 21254 The department may report to the appropriate federal agencies and agencies of other states all proceedings instituted charging violations of Section 21407, and…
- § 21255 The department may receive reports of penalties and other data from agencies of the federal government and other states, and may enter into agreements with…
- § 21256 The department may accept, receive, receipt for, disburse, and expend federal and other money, public or private, made available to accomplish in whole or in…
- § 21257 The department may own and operate aircraft for use in the furtherance of its duties, employ airmen and mechanics for proper operation and maintenance of the…
- § 21258 The department shall represent the state and local agencies before the Civil Aeronautics Board and other federal agencies in all matters related to the Airline…
CHAPTER 3. Regulation of Aeronautics §§ 21401–21416 · 18 sections
- § 21401 Sovereignty in the space above the land and waters of this state rests in the state, except where granted to and assumed by the United States pursuant to a…
- § 21402 The ownership of the space above the land and waters of this State is vested in the several owners of the surface beneath, subject to the right of flight…
- § 21403 (a) Flight in aircraft over the land and waters of this state is lawful, unless at altitudes below those prescribed by federal authority, or unless conducted…
- § 21404 Liability of the owner or pilot of an aircraft carrying passengers for injury or death to the passengers is determined by the rules of law applicable to torts…
- § 21404.1 (a) The liability of an owner, bailee of an owner, or personal representative of a decedent imposed by Section 21404 and not arising through the relationship…
- § 21405 The liability of the owner of one aircraft to the owner of another aircraft, or to operators or passengers on either aircraft, for damage caused by collision…
- § 21407 It is unlawful for any person to operate an aircraft in the air, or on the ground or water in a careless or reckless manner so as to endanger the life or…
- § 21407.1 (a) It is unlawful for any person, who is under the influence of an alcoholic beverage or any drug, or the combined influence of an alcoholic beverage and any…
- § 21407.2 (a) (1) (A) Any person who operates an aircraft in the air or on the ground or water is deemed to have given his or her consent to chemical testing of his or…
- § 21407.6 (a) Any person convicted under Section 21407.1 shall be punished upon a first conviction by imprisonment in the county jail for not less than 30 days nor more…
- § 21408 For any violation of Section 21407 or 21407.1, in addition to the penalties provided by Section 21019 or 21407.6, the court may prohibit the violator from…
- § 21409 It is unlawful for any person to engage in aeronautics as an airman in the State unless he has an appropriate effective airman certificate, permit, rating, or…
- § 21410 Every airman shall keep any certificate, permit, rating, or license required for him by the United States in his personal possession when he is operating…
- § 21411 It is unlawful for any person to operate, or cause or authorize to be operated, any civil aircraft within this State unless the aircraft has an appropriate…
- § 21412 Any certificate, permit, or license required by the United States for an aircraft shall be carried in the aircraft at all times while the aircraft is operating…
- § 21413 The department shall report to the appropriate federal agency all accidents in aeronautics in this state of which it is informed, and shall, insofar as is…
- § 21415 No person shall be in, or perform any act in connection with the maintenance or operation of, any aircraft when under the influence of intoxicating liquor.…
- § 21416 On all commercial aircraft which transport passengers for compensation or hire the door which separates the pilot compartment from the passenger compartment…
CHAPTER 4. Airports and Air Navigation Facilities §§ 21601–21690.29 · 96 sections
ARTICLE 1. Assistance to Political Subdivisions §§ 21601–21605 · 4 sections
- § 21601 The department may make available its engineering and other technical services, with or without charge, to any political subdivision or person desiring them in…
- § 21602 (a) Subject to the terms and within the limits of special appropriations made by the Legislature, the department may render financial assistance by grant or…
- § 21603 Upon the request of any political subdivision or political subdivisions acting jointly, the department may act as agent in accepting, receiving, receipting…
- § 21605 No proprietor of any permitted airport which is open to the public and has received public funds shall close or suspend operation of the airport, or close an…
ARTICLE 2. State Airports and Air Navigation Facilities §§ 21631–21646 · 9 sections
- § 21631 From appropriations or other money made available for the purpose, the department, on behalf of and in the name of the state, may plan, establish, construct,…
- § 21632 (a) The department may also acquire existing airports and air navigation facilities, but it shall not acquire any airport or air navigation facility owned or…
- § 21633 For the purposes of this article, the department, by purchase, gift, devise, lease, condemnation, or otherwise, may acquire real or personal property, or any…
- § 21636 The department may dispose of any property, airport, air navigation facility, or portion or interest, acquired pursuant to this article, by sale, lease, or…
- § 21637 In operating an airport or air navigation facility owned or controlled by the state, the department may enter into contracts, leases, and other arrangements…
- § 21638 The department shall call for bids for the operation of any state-owned airport and shall lease the airport for a term not to exceed five years to the highest…
- § 21639 The department shall grant no exclusive right for the use of any airport or air navigation facility under its jurisdiction. This section shall not be construed…
- § 21640 To enforce the payment of any charges for repairs, improvements, storage, or care of any personal property by the department or its agents in connection with…
- § 21646 It shall be a misdemeanor for any person to release or fly or cause to be released or flown, within five miles of any airport, any moored balloon, kite,…
ARTICLE 2.5. Non-Public-Use Airports §§ 21650–21650.2 · 3 sections
- § 21650 “Airport” for the purposes of this article means an airport not open to the general public.
- § 21650.1 An airport shall be marked as required by rule of the department with letters or symbol selected by the department to designate that the airport is not open to…
- § 21650.2 Nothing shall prevent an airport from applying for and receiving a permit pursuant to Article 3 (commencing with Section 21661) of this chapter.
ARTICLE 2.6. Hazard Elimination; Flight Disturbance §§ 21652–21653 · 2 sections
- § 21652 (a) Any person authorized to exercise the power of eminent domain for airport purposes may acquire by purchase, gift, devise, lease, condemnation, or…
- § 21653 Any person authorized to exercise the power of eminent domain for airport purposes may provide, by purchase, gift, devise, lease, condemnation, or otherwise,…
ARTICLE 2.7. Regulation of Obstructions §§ 21655–21659 · 5 sections
- § 21655 Notwithstanding any other provision of law, if the proposed site of any state building or other enclosure is within two miles, measured by air line, of that…
- § 21656 No person shall erect or add to the height of any structure within the boundaries of this state which will result in a structure that extends more than 500…
- § 21657 The department may refuse issuance of a permit under Section 21656 if it determines that the erection of or addition to a structure would obstruct the airspace…
- § 21658 No public utility shall construct any pole, pole line, distribution or transmission tower, or tower line, or substation structure in the vicinity of the…
- § 21659 (a) No person shall construct or alter any structure or permit any natural growth to grow at a height which exceeds the obstruction standards set forth in the…
ARTICLE 3. Regulation of Airports §§ 21661–21669.6 · 20 sections
- § 21661 This article does not apply to any temporary seaplane landing site, ultralight vehicle flightpark, or to airports owned or operated by the United States. To…
- § 21661.5 (a) No political subdivision, any of its officers or employees, or any person may submit any application for the construction of a new airport to any local,…
- § 21661.6 (a) Prior to the acquisition of land or any interest therein, including tide and submerged lands or other lands subject to the public trust for commerce,…
- § 21662 The department shall have the authority to issue airport site approval permits, amended airport site approval permits, airport permits, and amended airport…
- § 21662.1 (a) At or as near as practical to the site of a medical emergency and at a medical facility, an officer authorized by a public safety agency may designate an…
- § 21662.4 (a) Emergency aircraft flights for medical purposes by law enforcement, firefighting, military, or other persons who provide emergency flights for medical…
- § 21662.5 Notwithstanding Section 21006 or Section 21661 or any other provision of law to the contrary, no helicopter may land or depart in any area within 1,000 feet,…
- § 21663 It is unlawful for any political subdivision, any of its officers or employees, or any person to operate an airport unless an appropriate airport permit…
- § 21664 Any political subdivision or person planning to construct, establish, or expand an airport shall apply for the appropriate permit from the department prior to…
- § 21664.5 (a) An amended airport permit shall be required for every expansion of an existing airport. An applicant for an amended airport permit shall comply with each…
- § 21666 The department shall issue a permit if it is satisfied that all of the following requirements have been met: (a) The site meets or exceeds the minimum airport…
- § 21668 The department may revoke any airport permit if it determines that any of the following conditions are present: (a) There has been an abandonment of a site or…
- § 21668.2 In lieu of revoking an airport permit pursuant to Section 21668, the department may suspend any airport permit, or may require suspension of operations of a…
- § 21669 The department shall adopt noise standards governing the operation of aircraft and aircraft engines for airports operating under a valid permit issued by the…
- § 21669.1 (a) Land use conversion involving existing residential communities shall generally be considered the least desirable action for achieving compliance with noise…
- § 21669.2 In its deliberations, the department shall be governed by the following guidelines: (a) Statewide uniformity in standards of acceptable airport noise need not…
- § 21669.3 Any regulations designed to establish a noise monitoring program at an airport entering service after November 30, 1971, shall go into effect on the date the…
- § 21669.4 (a) The violation of the noise standards by any aircraft shall be deemed a misdemeanor and the operator thereof shall be punished by a fine of one thousand…
- § 21669.5 (a) For purposes of this section, the following terms have the following meanings: (1) (A) “Avigation easement” means a less-than-fee-title transfer of real…
- § 21669.6 Hearings under this article required by the provisions of Sections 21666, 21668, 21668.2, and 21669, or regulations adopted pursuant to those provisions, shall…
ARTICLE 3.5. Airport Land Use Commission §§ 21670–21679.5 · 22 sections
- § 21670 (a) The Legislature hereby finds and declares that: (1) It is in the public interest to provide for the orderly development of each public use airport in this…
- § 21670.1 (a) Notwithstanding any other provision of this article, if the board of supervisors and the city selection committee of mayors in the county each makes a…
- § 21670.2 (a) Sections 21670 and 21670.1 do not apply to the County of Los Angeles. In that county, the county regional planning commission has the responsibility for…
- § 21670.3 (a) Sections 21670 and 21670.1 do not apply to the County of San Diego. In that county, the San Diego County Regional Airport Authority, as established…
- § 21670.4 (a) As used in this section, “intercounty airport” means any airport bisected by a county line through its runways, runway protection zones, inner safety…
- § 21670.6 Any action brought in the superior court relating to this article may be subject to a mediation proceeding conducted pursuant to Chapter 9.3 (commencing with…
- § 21671 In any county where there is an airport operated for the general public which is owned by a city or district in another county or by another county, one of the…
- § 21671.5 (a) Except for the terms of office of the members of the first commission, the term of office of each member shall be four years and until the appointment and…
- § 21672 Each commission shall adopt rules and regulations with respect to the temporary disqualification of its members from participating in the review or adoption of…
- § 21673 In any county not having a commission or a body designated to carry out the responsibilities of a commission, any owner of a public airport may initiate…
- § 21674 The commission has the following powers and duties, subject to the limitations upon its jurisdiction set forth in Section 21676: (a) To assist local agencies…
- § 21674.5 (a) The Department of Transportation shall develop and implement a program or programs to assist in the training and development of the staff of airport land…
- § 21674.7 (a) An airport land use commission that formulates, adopts, or amends an airport land use compatibility plan shall be guided by information prepared and…
- § 21675 (a) Each commission shall formulate an airport land use compatibility plan that will provide for the orderly growth of each public airport and the area…
- § 21675.1 (a) By June 30, 1991, each commission shall adopt the airport land use compatibility plan required pursuant to Section 21675, except that any county that has…
- § 21675.2 (a) If a commission fails to act to approve or disapprove any actions, regulations, or permits within 60 days of receiving the request pursuant to Section…
- § 21676 (a) Each local agency whose general plan includes areas covered by an airport land use compatibility plan shall, by July 1, 1983, submit a copy of its plan or…
- § 21676.5 (a) If the commission finds that a local agency has not revised its general plan or specific plan or overruled the commission by a two-thirds vote of its…
- § 21677 Notwithstanding the two-thirds vote required by Section 21676, any public agency in the County of Marin may overrule the Marin County Airport Land Use…
- § 21678 With respect to a publicly owned airport that a public agency does not operate, if the public agency pursuant to Section 21676, 21676.5, or 21677 overrules a…
- § 21679 (a) In any county in which there is no airport land use commission or other body designated to assume the responsibilities of an airport land use commission,…
- § 21679.5 (a) Until June 30, 1991, no action pursuant to Section 21679 to postpone the effective date of a zoning change, a zoning variance, the issuance of a permit, or…
ARTICLE 4. Aeronautics Fund §§ 21680–21688 · 15 sections
- § 21680 (a) The Aeronautics Fund is hereby continued in existence as the Aeronautics Account in the State Transportation Fund. The moneys deposited to the credit of…
- § 21681 As used in this article, the following terms have the following meanings: (a) “Own and operate” means that the public entity shall own the property in fee…
- § 21682 (a) The department shall establish individual revolving fund subaccounts for eligible airports in the Aeronautics Account in the State Transportation Fund.…
- § 21682.5 The department shall pay, from the Aeronautics Account to the Transportation Planning and Development Account in the State Transportation Fund, a sum equal to…
- § 21683 Any public entity may apply to the department each year for the allocation of funds for the acquisition or development of airports. The commission may,…
- § 21683.1 (a) At the discretion of the commission, any balance remaining in the Aeronautics Account, after the payments made under Section 21682, may be used to provide…
- § 21683.2 Any balance remaining in the Aeronautics Account, after the payments made under Section 21682 and Section 21683.1, shall be used at the discretion of the…
- § 21684 (a) No payment shall be made to a public entity pursuant to this article unless the public entity has established a special aviation fund in which all payments…
- § 21684.1 Notwithstanding the provisions of Section 21683, any balance remaining in the fund after the payments made under Section 21682 may be used by the department to…
- § 21684.5 Notwithstanding the provisions of this article inasmuch as they require matching funds the department may allocate funds to public agencies for the…
- § 21684.6 Notwithstanding the provisions of this article, inasmuch as they require matching funds, the department may allocate funds to a county or a city for the…
- § 21685 Any public entity may pay any part of the money in its special aviation fund to a state college or branch of the University of California located within its…
- § 21686 It shall be the duty of any public entity receiving payments or allocations under this article to periodically audit its books and records as deemed necessary…
- § 21687 (a) (1) If an airport, for which payments have been made from the Aeronautics Account, ceases to be open to the general public for more than one year, the…
- § 21688 (a) No payments shall be made from the Aeronautics Account for expenditure on any airport or for the acquisition or development of any airport, if the…
ARTICLE 4.5. Airport Facilities and Concessions §§ 21690.5–21690.10 · 6 sections
- § 21690.5 The Legislature finds and declares as follows: (a) The proper operation of California’s publicly owned or operated airports is essential to the welfare of the…
- § 21690.6 The provisions of this article shall apply to any airport owned or operated by a political subdivision, including a charter city.
- § 21690.7 The governing bodies of publicly owned or operated airports shall manage airport facilities and grant airport concessions in furtherance of the development of…
- § 21690.8 The Legislature recognizes that to further the policies and fulfill the objectives stated in this article, it is often necessary that publicly owned or…
- § 21690.9 Before entering any exclusive or limited agreement in connection with the management of any airport facility or the operation of any airport concession, the…
- § 21690.10 Nothing in this article shall excuse any local agency from complying with applicable state or local requirements for competitive bidding or public hearings…
ARTICLE 5. Los Angeles International Airport Relocation and Development §§ 21690.20–21690.29 · 10 sections
- § 21690.20 The Legislature hereby finds that Los Angeles International Airport is one of the important air terminals of the world, making a significant contribution daily…
- § 21690.21 Unless the context otherwise requires, the following definitions shall govern the construction of this article: (a) “Airport” means Los Angeles International…
- § 21690.22 Notwithstanding any other provision of law, the department is authorized to: (a) Assist homeowners displaced by the expansion of the airport to relocate in…
- § 21690.23 The department is authorized to expend any available funds, including state and federal funds, for the purpose of purchasing homes from homeowners displaced by…
- § 21690.24 Upon establishment of a program for additional payments to homeowners by the department pursuant to this article, the affected property owners may petition as…
- § 21690.25 Upon establishment by the department of a program for such additional compensation, the mayor shall appoint, subject to the approval of the city council, five…
- § 21690.26 The members of the board shall serve at the pleasure of the mayor, and any action taken by a majority thereof shall constitute the action of the board. The…
- § 21690.27 The Board of Airport Commissioners of the City of Los Angeles is directed to pay any sum awarded by the board pursuant to Section 21690.26.
- § 21690.28 The provisions of this article are available only to persons who own residential property which has been or is being condemned or sold for airport purposes.…
- § 21690.29 If any provision of this article or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions…
CHAPTER 5. Proceedings §§ 21692–21694 · 3 sections
- § 21692 The department, any member, the director, or any officer or employee of the department designated by it may hold investigations, inquiries, and hearings…
- § 21693 In order to facilitate the making of investigations by the department in the interest of public safety and promotion of aeronautics, the reports of…
- § 21694 Every order of the department requiring performance of certain acts or compliance with certain requirements shall set forth the reasons, state the acts to be…
CHAPTER 6. Airport Planning §§ 21701–21707 · 7 sections
- § 21701 The division, in consultation with transportation planning agencies as designated by the director pursuant to Section 29532 of the Government Code, shall…
- § 21702 The California Aviation System Plan shall include, but not be limited to, all of the following elements: (a) A background and introduction element, which…
- § 21703 The division shall submit the California Aviation System Plan to the commission.
- § 21704 The division, in consultation with the transportation planning agencies, shall biennially revise the capital improvement plan developed pursuant to subdivision…
- § 21705 The commission shall review, hold public hearings on, and, based on these hearings, adopt or revise and adopt as revised, the California Aviation System Plan…
- § 21706 The division shall require that every project submitted for funding from the Aeronautics Account in the State Transportation Fund shall be consistent with the…
- § 21707 Any funds necessary to carry out Sections 21701, 21702, and 21704 shall be obtained from federal grants, except for updates of the capital improvement plan and…
CHAPTER 7. Skydiving or Sport Parachuting Operations §§ 21708–21709 · 2 sections
CHAPTER 8. Leaded Aviation Gasoline §§ 21710–21712 · 3 sections
- § 21710 For purposes of this chapter, “aviation retail establishment” means any public or private entity that sells aviation gasoline, or offers or otherwise makes…
- § 21711 An airport operator or aviation retail establishment shall not sell, distribute, or otherwise make available leaded aviation gasoline to consumers on or after…
- § 21712 If a provision of this chapter conflicts with a federal grant assurance in effect on or before December 31, 2030, that provision shall not apply to an airport…
PART 2. AIRPORT DISTRICTS §§ 22001–22909 · 126 sections
CHAPTER 1. General Provisions and Definitions §§ 22001–22017 · 17 sections
- § 22001 This part may be cited as the “California Airport District Act.”
- § 22002 The purpose of this part is to facilitate the formation of intercity and county airport districts having responsibility for the development of airports,…
- § 22003 Unless the context otherwise requires, the definitions and general provisions contained in this chapter govern the construction of this part.
- § 22004 Airport districts may be created, maintained, and managed as provided in this part and may exercise the powers expressly granted or necessarily implied.
- § 22005 A district may lie within or include the territories of one or more counties. It may include one or more cities, all or any part of any city and any part of…
- § 22006 The boundaries of a district may be altered and outlying contiguous territory in the same or an adjoining county annexed to the district.
- § 22007 Except as otherwise provided in this part, the law governing the qualifications of electors, the manner of voting, the duties of election officers, the…
- § 22008 “District” means airport district, formed and proposed to be formed, pursuant to this part.
- § 22009 “Principal county” means the county in which all of the territory of the district is situated, or if the territory is situated in more than one county, the…
- § 22010 “Affected county” means any county in which the territory of the district is situated.
- § 22011 “Board” means the board of directors of the district.
- § 22012 “Director” means member of the board.
- § 22013 “Secretary” means secretary of the board.
- § 22014 “Bond election” means an election provided for in Article 2 (commencing with Section 22731) of Chapter 5.
- § 22015 “Formation election” means an election provided for in Article 4 (commencing with Section 22226) of Chapter 2.
- § 22016 “Bond tax” means the tax levied pursuant to Chapter 6 (commencing with Section 22901) for the payment of the bonded indebtedness of the district.
- § 22017 “District tax” means the tax levied pursuant to Chapter 6 for the payment of expenses of, and claims against the district, other than the bonded indebtedness.
CHAPTER 2. Formation §§ 22151–22259 · 25 sections
ARTICLE 1. Resolution §§ 22151–22153 · 3 sections
- § 22151 The board of supervisors of each county desiring to form, or join in forming, a district shall adopt a resolution of intention to that effect.
- § 22152 Each resolution shall contain: (a) A statement of intention to form a district. (b) The boundaries of the district or some other designation of its territorial…
- § 22153 Each resolution shall be published pursuant to Section 6061 of the Government Code in the county concerned. The board of supervisors may order it published in…
ARTICLE 2. Investigation and Termination by Majority Protest §§ 22176–22178 · 3 sections
- § 22176 Except as otherwise provided in this article, the District Investigation Law of 1933 applies to districts formed under this part.
- § 22177 Section 22178 of this code supersedes Section 58680 of the Government Code, with respect to districts formed under this part.
- § 22178 The requirements of the District Investigation Law for the mailing of the notice of hearing, and for the inclusion in the report of value and liability…
ARTICLE 3. Hearing §§ 22201–22204 · 4 sections
- § 22201 Written protests or objections to the formation of the district or to its extent within the county may be filed in the office of the clerk of the board of…
- § 22202 The board of supervisors of each affected county shall hold a public hearing to consider the objections or protests at the time fixed for the hearing. The…
- § 22203 Each board of supervisors may overrule any protests or objections filed with it.
- § 22204 The board of supervisors of each affected county may exclude any territory within the county that in its opinion will not be benefited by inclusion in the…
ARTICLE 4. Election §§ 22226–22232 · 11 sections
- § 22226 If after the hearing the board of supervisors of each affected county determines that the district should be formed, each board, by resolution entered on its…
- § 22227 The resolution shall be published pursuant to Section 6066 of the Government Code in each county and city in the district. The first publication shall be at…
- § 22228 The proposition submitted at the election shall be “Shall the proposition to form ____________________ Airport District under the California Airport District…
- § 22229 Except as otherwise provided in this article, the election shall be called, noticed, and conducted, candidates nominated, the vote canvassed, and the results…
- § 22229.1 Within five days after the district formation election has been called, the legislative body which has called the election shall transmit, by registered mail,…
- § 22229.2 The board of supervisors or any member or members of the board authorized by the board, or any individual voter or bona fide association of citizens entitled…
- § 22229.3 If more than one argument for or more than one argument against the proposed district formation is filed with the election officials within the time…
- § 22229.4 The officials in charge of conducting the election shall cause a ballot pamphlet concerning the district formation proposition to be voted on to be printed and…
- § 22230 At the first election the board of supervisors of each affected county and its clerk have the powers and duties vested in the legislative bodies of cities and…
- § 22231 The canvass of the returns of the election shall be made at the time, in the manner, and by the officers prescribed by law for special elections in each…
- § 22232 If the canvass is made by an officer other than the board of supervisors of the affected county, the officer shall transmit the results to the board of…
ARTICLE 5. Establishment of District §§ 22256–22259 · 4 sections
- § 22256 By a resolution entered on its minutes, the board of supervisors of each affected county shall declare the district formed if: (a) A majority of the votes cast…
- § 22257 The resolution shall contain the name of the district and a description or other designation of its boundaries.
- § 22258 A certified copy of the resolution shall be recorded in the office of the recorder of each affected county.
- § 22259 Upon the filing with the Secretary of State, the formation of the district is complete.
CHAPTER 3. Internal Organization §§ 22401–22443 · 18 sections
ARTICLE 1. Board of Directors §§ 22401–22411 · 10 sections
- § 22401 A board of five directors is the governing body of the district. Each director shall be a resident of the district.
- § 22402 Each district shall hold a general district election, governed by the provisions of the Uniform District Election Law, for the election of directors on the…
- § 22403 Within 30 days after notice of election or appointment each member of the board shall qualify by taking the official oath of office and filing it with the…
- § 22404 The terms of office of the directors elected at the formation election are governed by the provisions of the Uniform District Election Law.
- § 22406 The board shall fill any vacancies occurring in the office of director. The appointee shall hold office for the balance of the term and until his successor is…
- § 22407 (a) Each member of the board of directors shall receive compensation in an amount not to exceed one hundred dollars ($100) for each attendance at the meeting…
- § 22408 The board shall hold its first meeting in the meeting room of the board of supervisors of the principal county at 10 a.m. on the first Monday after the…
- § 22409 At its first meeting the board shall provide for the time and place of holding its meetings and the manner in which special meetings may be called. The board…
- § 22410 A majority of the board constitutes a quorum for the transaction of business.
- § 22411 A district may destroy a record pursuant to Chapter 7 (commencing with Section 60200) of Division 1 of Title 6 of the Government Code.
ARTICLE 2. Officers and Employees §§ 22436–22443 · 8 sections
- § 22436 At its first meeting the board shall choose one of its members president. The president shall sign all contracts on behalf of the district and perform such…
- § 22437 At its first meeting or as soon thereafter as practicable, by a majority vote the board shall appoint a general manager, a secretary, a district counsel, and…
- § 22438 The secretary shall countersign all contracts on behalf of the district and perform such other duties as may be imposed by the board.
- § 22439 The general manager has the following powers and functions: (a) Full charge and control of the construction, maintenance, and operation of the physical…
- § 22440 The general manager shall report to the board in accordance with rules and regulations adopted by the board.
- § 22441 The auditor shall install and maintain a system of auditing and accounting which shall competently and at all times show the financial condition of the…
- § 22442 The board shall designate depositories for the custody of the funds of the district. A depository shall give security sufficient to secure the district against…
- § 22443 The general manager, secretary, auditor, and all other employees or assistants of the district who may be required to do so by the board, shall give bonds to…
CHAPTER 4. Powers and Duties §§ 22551–22559 · 11 sections
- § 22551 Except as otherwise provided in this part, the powers of the district shall be exercised by the board.
- § 22552 A district has perpetual succession.
- § 22553 A district may do all of the following: (a) Sue and be sued, except as otherwise provided by law, in all actions and proceedings in all courts and tribunals of…
- § 22553.5 (a) The board of directors may, from time to time, cause to be sold or leased property of the district which in its opinion is not needed for the district’s…
- § 22554 A district may also: (a) Employ legal counsel, in addition to its district counsel, and provide all necessary custodians, employees, engineers, and attendants…
- § 22555 The board shall make all rules governing the use of the airports and spaceports, landing places for aerial traffic, and other aerial facilities of the district…
- § 22556 The board may charge and collect fees, tolls, and rentals for the use of all or a part of the aerial facilities of the district in such amounts and at such…
- § 22557 (a) The district may issue temporary negotiable notes bearing interest at a rate not exceeding 8 percent per annum. However, these notes shall be general…
- § 22557.5 (a) Notwithstanding Section 22557, the Big Bear Airport District may issue temporary negotiable notes bearing interest at a rate not exceeding the maximum rate…
- § 22558 In addition to all other powers authorized by this part, the Santa Maria Public Airport District may do both of the following: (a) Employ airport police…
- § 22559 The board may by resolution change the name of the district. Certified copies of such resolution shall be recorded in each county within which some portion of…
CHAPTER 4.5. Claims § 22601 · 1 section
- § 22601 All claims for money or damages against the district are governed by Part 3 (commencing with Section 900) and Part 4 (commencing with Section 940) of Division…
CHAPTER 5. Bonds §§ 22701–22851 · 45 sections
ARTICLE 1. General §§ 22701–22708 · 8 sections
- § 22701 As used in this chapter, “board of supervisors” means the board of supervisors of the principal county.
- § 22702 District bonds may be issued and sold pursuant to this chapter for all of the following purposes: (a) Raising money for purchasing real property for airport…
- § 22703 If the board deems it advisable it may call an election and submit to the electors of the district the question whether district bonds shall be issued and…
- § 22704 The board shall call and conduct the bond election in the manner prescribed by this chapter.
- § 22705 The order calling the bond election shall be signed by a majority of the directors.
- § 22706 In the order calling the bond election, the board may submit to the electors as one proposal the question of issuing bonds for all or any of the purposes…
- § 22707 When bonds issued pursuant to this part have been investigated and certified by any authorized officer of the state and are declared to be legal investments…
- § 22708 If any officer whose signature, countersignature, or attestation appears on the bonds or coupons ceases to be such officer before the delivery of the bonds to…
ARTICLE 2. Bond Election §§ 22731–22750 · 20 sections
- § 22731 A notice of the bond election, signed by a majority of the directors, shall be posted in three public places in the district not less than 20 days before the…
- § 22732 The notice shall contain: (a) The time and place of holding the bond election. (b) The names of the election officers. (c) The hours the polls will be open.…
- § 22733 For the purpose of the bond election, the board may divide the district into election precincts and may change the precincts as often as occasion requires.
- § 22734 The board shall appoint one inspector, one judge, and two clerks of election in each precinct.
- § 22735 If the board fails to appoint the election officers, or if those appointed are not present at the opening of the polls, the electors present may appoint them…
- § 22736 The board may fix the compensation of the election officers but not exceeding seven dollars ($7) for each election officer.
- § 22737 The polls shall be open on election day from 8 a.m. until 8 p.m.
- § 22738 Every resident of the district, who is a qualified elector of the county, and who is registered in the precinct where the election is held at least 30 days…
- § 22739 The secretary shall obtain uniform ballots for the bond election. No other form of ballot shall be used. The expense of printing and distributing the ballots…
- § 22740 The ballot shall contain the following: (a) “Official ballot provided by the board of directors of the ‛____ airport district’ to be used in the bond election…
- § 22741 The board shall provide a booth or private room in which the voter may prepare his ballot in secret.
- § 22742 No electioneering shall be carried on within 100 feet of the polls.
- § 22743 Each voter shall completely select the voting target next to either “Yes” or “No” respectively, to indicate whether the voter has voted for or against the…
- § 22744 After marking his ballot the voter shall hand it to the inspector. The inspector, in the presence of the voter, shall deposit the ballot in the ballot box. The…
- § 22745 Any person offering to vote may be challenged by any elector of the district. In the case of a challenge the judge or clerks of the election shall administer…
- § 22746 The secretary shall provide the election officers with official poll and tally lists.
- § 22747 The heading of the poll list shall read “Official poll list of ____ airport district for the airport district bond election on the ____ day of ____ 19__.”…
- § 22748 The heading of the tally list shall read “An official tally list of ____ airport district for the airport district bond election held on the ____ day of ____…
- § 22749 The election officers shall publicly canvass the votes immediately after closing the polls. They shall fill out the tally sheet and certify the correctness of…
- § 22750 The election officers shall transmit the returns of the election to the board of directors. The board shall meet and canvass the returns on the seventh day…
ARTICLE 3. Bond Issuance §§ 22776–22786 · 11 sections
- § 22776 If two-thirds of the votes cast at the election were for the issuance of bonds, the board shall enter that fact in its minutes. The board shall certify all of…
- § 22777 The board of supervisors shall issue the district bonds in the number and amount specified in the bond proceedings. The board of supervisors shall provide that…
- § 22778 By an order entered in its minutes, the board of supervisors shall: (a) Prescribe the form of the bonds and of the interest coupons. (b) The manner in which…
- § 22779 The total amount of bonds issued shall not exceed 15 percent of the taxable property of the district as shown by the last equalized assessment books of the…
- § 22780 The term of the bonds shall not exceed 40 years.
- § 22781 The bonds shall be payable in lawful money of the United States as to principal and interest.
- § 22782 The board of supervisors may make the principal and interest of the bonds payable at the office of the treasurer of the principal county, at such other place…
- § 22783 The bonds shall be sold at the times and in the amounts prescribed by the board of supervisors, but for not less than par.
- § 22784 Before selling all or any part of the bonds, the board of supervisors shall advertise for bids pursuant to Section 6066 of the Government Code in a newspaper…
- § 22785 If satisfactory bids are received the bonds offered for sale shall be awarded to the highest bidder. If no bids are received or the board of supervisors…
- § 22786 The proceeds of the sale of the bonds shall be deposited in the treasury of the principal county to the credit of the improvement fund of the district, and may…
ARTICLE 4. Cancellation of Unsold Bonds §§ 22811–22814 · 4 sections
- § 22811 If any bonds remain unsold for six months after having been offered for sale, the board of directors of the district for which the bonds were issued or of a…
- § 22812 Upon receiving a petition signed by a majority of the members of the board of directors, the board of supervisors shall fix a time for hearing the petition.…
- § 22813 The board of supervisors shall publish a notice stating the time and place of the hearing and the object of the petition in general terms, pursuant to Section…
- § 22814 At the time and place designated in the notice, or at any subsequent time to which the hearing is postponed, the board of supervisors shall hear any reason…
ARTICLE 5. Revenue Bonds §§ 22850–22851 · 2 sections
- § 22850 In addition to any other powers of the district to finance improvements and to provide an independent method of financing from that contained in any other…
- § 22851 Revenue bonds under this article shall be authorized, issued and sold under the provisions of the Revenue Bond Law of 1941 (Chapter 6 (commencing with Section…
CHAPTER 6. Taxation §§ 22901–22909 · 9 sections
- § 22901 As used in this chapter, “board of supervisors” means the board of supervisors of the principal county.
- § 22902 If the revenues of the district are inadequate to pay the interest or principal of the bonded indebtedness of the district as it becomes due, or to pay any…
- § 22903 The board shall transmit the estimates to the board of supervisors and the county auditor at least 15 days before the first day of the month in which the board…
- § 22904 Annually, after receiving the estimates, the board of supervisors shall levy a tax sufficient for the payment of the principal and interest on the bonded…
- § 22905 The bond tax shall be sufficient to pay the interest on the bonds for the year and the portion of the principal becoming due during the year. The bond tax…
- § 22906 The proceeds of the bond tax shall be paid into the treasury of the principal county to the credit of the district interest and sinking fund and shall be used…
- § 22907 The rate of the district tax levied in any one year shall not exceed twenty cents ($0.20) on each one hundred dollars ($100) of assessed valuation of the real…
- § 22908 The bond and district taxes shall be levied on all the taxable property in the district. They shall be levied by the board of supervisors and collected by the…
- § 22909 A district may impose a special tax pursuant to Article 3.5 (commencing with Section 50075) of Chapter 1 of Part 1 of Division 1 of Title 5 of the Government…
PART 5. AIRCRAFT FINANCIAL RESPONSIBILITY ACT §§ 24230–24410 · 47 sections
CHAPTER 1. General Provisions and Definitions §§ 24230–24247 · 18 sections
- § 24230 This part may be cited as the Uniform Aircraft Financial Responsibility Act.
- § 24231 This part shall be so interpreted and construed as to effectuate its general purpose to make uniform the laws of those states which enact it.
- § 24232 Unless the context otherwise requires, the definitions and general provisions set forth in this chapter govern the construction of this part.
- § 24233 “Department” means the Department of Aeronautics in the Business and Transportation Agency.
- § 24234 “Aircraft” means any contrivance now known, or hereafter invented, used or designed for navigation of or flight in the air.
- § 24235 “Judgment” means any judgment which has become final by expiration without appeal of the time within which an appeal might have been perfected, or by final…
- § 24236 “Operator” means any person who is exercising actual physical control of an aircraft.
- § 24237 “Owner” means any of the following persons who may be legally responsible for the operation of an aircraft: (a) A person who holds the legal title to an…
- § 24238 “Passenger” means any person in, on or boarding an aircraft for the purpose of riding therein, or alighting therefrom following a flight or attempted flight…
- § 24239 “Person” means any individual, firm, copartnership, association or corporation, public or private, including his or its successors, assignees or legal…
- § 24240 “Notification” means notice in writing served upon a person by either: (a) Actual delivery or offer of delivery to such person by any adult individual whose…
- § 24241 “State” means any state, the District of Columbia, any territory or possession of the United States and the Commonwealth of Puerto Rico.
- § 24242 “Claimants” means any person having a claim for damages as the result of an accident within this state involving an aircraft.
- § 24243 This part does not apply to: (a) Any aircraft owned and operated by or leased to and subject to the sole control of the United States or any civil or military…
- § 24244 This part shall not apply with respect to any accident occurring prior to the effective date of this part.
- § 24245 Nothing in this part shall be construed as precluding any party in any action or proceeding from employing other processes provided by law. Nothing in this…
- § 24246 A discharge in bankruptcy shall not relieve any person from the requirements of this part.
- § 24247 Nothing in this part shall be construed as authorizing the state to license the operators of aircraft.
CHAPTER 2. Administration §§ 24250–24254 · 5 sections
- § 24250 The department shall administer and enforce the provisions of this part and may make rules and regulations necessary for its administration. Nothing in this…
- § 24251 The department shall provide for hearings upon request of any person who may be affected by its orders or acts under the provisions of this part and may…
- § 24252 Any person aggrieved by any rule, regulation, order or act of the department or by a failure of the department to act hereunder, may have judicial review…
- § 24253 The records of and proceedings before the department shall be inadmissible in evidence and shall not be referred to at the trial of any civil action or…
- § 24254 (a) The operation of an aircraft on the land or waters of, or in the air over, this state shall be deemed an appointment by the owner or operator of the…
CHAPTER 3. Security Following Accident §§ 24300–24362 · 19 sections
ARTICLE 1. Accident Report §§ 24300–24302 · 3 sections
- § 24300 The operator of any aircraft involved in an accident within this state in which any person is killed or injured or damage in excess of four hundred dollars…
- § 24301 The report, the form of which shall be prescribed by the department, shall include information to enable the department to determine whether the requirements…
- § 24302 The operator and the owner shall furnish such additional information as the department may require.
ARTICLE 2. Security §§ 24325–24327 · 3 sections
- § 24325 As promptly as practicable but not later than 30 days after receipt of an accident report as required in Article 1 (commencing with Section 24300), the…
- § 24326 As promptly as practicable but not later than 30 days after the entry of the order required by Section 24325, the department, the owner or the operator, or…
- § 24327 The requirements as to security do not apply: (a) To the operator of an aircraft involved in an accident in which no injury was caused to the person of anyone…
ARTICLE 3. Financial Responsibility §§ 24350–24362 · 13 sections
- § 24350 A policy or bond is not effective under Article 2 unless: (a) Issued either (1) by an insurer or surety company authorized to do business in this state, or (2)…
- § 24351 The policy or bond need not cover: (a) Any liability on account of bodily injury to or death of any employee of the owner or operator while the employee is…
- § 24352 Any person may at any time apply to the department for a certificate of self-insurance, whether or not there has occurred an accident as a result of which he…
- § 24353 The department may in its discretion issue a certificate of self-insurance when satisfied that the applicant is possessed and will continue to be possessed of…
- § 24354 Upon not less than 10 days notification of a self-insurer the department may for reasonable cause cancel a certificate of self-insurance and shall cancel such…
- § 24355 The security required under this part shall be cash or securities permissible under state law as security for deposit of state funds and in such amount as the…
- § 24356 Upon 10 days notification of the parties concerned, the department may reduce, or, within the limits specified in Section 24350, increase the amount of…
- § 24357 Security deposited in compliance with the requirements of this part shall be delivered to the department. The department shall deposit all cash received as…
- § 24358 Such security shall be available for the following purposes: (a) Payment of a final judgment or judgments in any amount for bodily injury or in excess of four…
- § 24359 Every judgment shall for the purposes of this part be deemed satisfied: (a) When fifty thousand dollars ($50,000) has been credited, upon any judgment in…
- § 24360 Whenever any evidence of proof of ability to respond in damages filed by any person under the provisions of this part no longer fulfills the purpose for which…
- § 24361 No insurance policy meeting the requirements of Section 24350 shall be canceled unless 30 days’ prior notice is given to the department by either the insured…
- § 24362 Every person permitting another person to operate an aircraft under the terms of any rental agreement or lease which provides for any remuneration for the use…
CHAPTER 4. Penalties §§ 24400–24403 · 4 sections
- § 24400 Any owner or operator who knowingly refuses or fails to make any report of an accident as required in Article 1 (commencing with Section 24300) of Chapter 3 of…
- § 24401 Any owner or operator who knowingly makes a false statement or representation of a material fact in a report to or written instrument filed with the department…
- § 24402 Any owner or operator who refuses or fails to comply with the provisions of Article 2 (commencing with Section 24325) of Chapter 3 of this part or of Section…
- § 24403 Every person permitting another person to operate an aircraft under the terms of any rental agreement which provides for any remuneration for the use of such…
CHAPTER 5. Declaration of Intent § 24410 · 1 section
- § 24410 It is the purpose of this part to establish minimum standards for aircraft financial responsibility, and nothing in this part shall be construed as preventing…
PART 6. AIRCRAFT DAMAGE REPORTING §§ 24450–24451 · 2 sections
- § 24450 Any person who causes damage to any aircraft that may reasonably be expected to affect the airworthiness of the aircraft shall do either of the following: (a)…
- § 24451 Any person failing to comply with the requirements of Section 24550 is guilty of a misdemeanor, and upon conviction thereof, shall be punished by imprisonment…