PRINTER'S NO. 4706
No. 2984 Session of 2006
INTRODUCED BY GANNON, RAYMOND, MICOZZIE, BARRAR, CIVERA,
DONATUCCI, ADOLPH AND KILLION, OCTOBER 3, 2006
REFERRED TO COMMITTEE ON JUDICIARY, OCTOBER 3, 2006
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, defining the offense of trespass by
3 aircraft; and imposing penalties.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Title 18 of the Pennsylvania Consolidated
7 Statutes is amended by adding a section to read:
8 § 3505. Trespass by aircraft.
9 (a) Offense defined.--Except as set forth in subsection (b),
10 at an airport contemporaneously located within a county of the
11 first class and a county of the second class A, it shall be
12 unlawful for a jet-powered transport category aircraft with a
13 maximum allowable gross takeoff weight exceeding 75,000 pounds
14 to turn in a northbound direction prior to attaining an altitude
15 of 3,000 feet following takeoff in a westbound direction.
16 (b) Exception.--Subsection (a) does not apply in the case
17 where air traffic control personnel or the pilot in command of
18 the aircraft determines that the safety of the aircraft, crew or
1 passengers requires takeoff and flight inconsistent with
2 subsection (a).
3 (c) Penalty.--A person who violates subsection (a) commits a
4 summary offense and shall, upon conviction, be sentenced to pay
5 a fine of not more than $300 for the first violation. A person
6 who is convicted of a subsequent violation of subsection (a)
7 commits a summary offense and shall be sentenced to pay a fine
8 of not more than $300 or to imprisonment for not more than 90
9 days, or both.
10 Section 2. The addition of 18 Pa.C.S. § 3505 shall not be
11 deemed to amend or supersede any local ordinance enacted
12 pursuant to law concerning the same subject matter, it being the
13 legislative intent that any such local ordinance shall have full
14 force and effect where not inconsistent with the addition of 18
15 Pa.C.S. § 3505.
16 Section 3. This act shall take effect in 60 days.
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