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kj Stantec August 24,2018 Mark Statz Page 2 of 3 Reference: Ultralight aircraft State law is less specific. Minnesota state statute defines aircrafts as any apparatus designed for flight in the air. Such aircraft are not to be operated in such a manner as to disregard safety of any people or property. Minnesota State Statutes • § 360.511, Subd. 16—"Aircraft" means any contrivance, now known or hereafter invented, used or designed for navigation of or flight in the air. • § 360.075 Subd. 1 — Every person who: (7)operates any aircraft in such a manner as to indicate either a willful or a wanton disregard for the safety of persons or property; [ ] except as may be permitted by other laws of this state, shall be guilty of a misdemeanor. Centerville City code does not include any specific restrictions related to the use of aircraft within city limits. It does, however limit the use of"vehicles"within city parks. The term"vehicle" however is not defined and considering context, seems to refer to cars and trucks. Centerville City Code, Chapter 92 (Parks and Recreation) • § 92.06 Vehicle Traffic— Vehicles shall be driven or parked only in designated areas on any public park or public grounds and shall be driven therein at a maximum speed of five mph. City code does limit the allowable levels of noise at day and nighttime hours. Aircraft are exempt from noise level requirements. Centerville City Code, Chapter 91 (Health and Safety; Nuisances) • § 91.09 The City Council finds within the city, certain loud, avoidable, unnatural and unnecessary noises, which under certain circumstances and conditions constitute a serious threat to the health, welfare, contentment and the feeling of well-being of the residents. Excessive noise degrades the environment of the city and the city has a substantial and, in some situations, compelling interest in controlling this noise. (3)Sounds emanating from the operation of[...] aircraft[...] are exempt from the sound level requirements but shall observe the time restriction provisions of this division. Recommendation Stantec recommends the adoption of federal regulations regarding the operation of aircraft into Chapter 70 of the City code (Traffic Regulations). Under General Provisions of Chapter 70 is section 70.01 (State Traffic Code adopted). Similarly, there should be a section that adopts Federal Regulations regarding the use of Ultralight vehicles. • Section 70.07 of the Code should be titled "Ultralight Aircraft Code adopted"and include: The regulatory provisions of Federal Aviation Regulations: Title 14 (Aeronautics and Space) Subchapter F(Air Traffic and General Operating Rules) Part 103 (Ultralight Vehicles), as amended by subsequent laws of the United States of America, are adopted as an ordinance regulating the use of ultralight aircraft within and above the City and are incorporated in and made a part of this chapter as completely as if set out here in full. \\Usl291401\workgroup\1938\active\193803433\Reports\Ultralight aircraft