Monterey Park will declare war on low-flying aircraft when it meets Wednesday, September 6, 2017. The battle over noise from low-flying commercial aircraft has been going on for several years and became an election issue last year.
A proposed ordinance would allow the city to go after sponsors or owners of commercial aircraft who fly below 3,000 feet above ground level for homes and 6,000 feet above any school religious institution hospital or “open air assembly” of people, such as a football game or parade.
How enforceable the proposed ordinance will be is the question the city will have to consider. However, the ordinance allows any person to go to court to seek “injunctive relief” to recover actual damages.
The city attorney has previously informed the council that federal law governs all aspects of commercial aircraft, including flight patterns and flight attitudes, hinting that it might not be easy to enforce the proposed ordinance.
Over the last two years, spurred by election issues and petitions from residents, the city council “stressed the importance that it take action in response to significant increase in noise, smell and general nuisances caused by commercial aircraft flying over the city.” the staff report stated.