§ 39-359. Purpose and declaration of legislative intent.

(a)

Broward County, through its Board of County Commissioners, as the owner and operator of the Fort Lauderdale-Hollywood International Airport ("Airport") is concerned with the safety and welfare of the traveling public and aircraft utilizing runways at said airports.

(b)

It is hereby determined by the Board of County Commissioners of Broward County, Florida, that certain obstructions intruding into airspace near such runways have the potential for being hazardous to aircraft operations as well as to persons and property on the ground in the vicinity of the obstruction. An obstruction reduces the size of the area available for the landing, taking off and maneuvering of aircraft, thus tending to destroy or impair the utility of the Airport and the public investment thereof. Accordingly, it is further declared that:

(1)

The creation or establishment of an airport obstruction is a public nuisance and an injury to the region served by the Airport.

(2)

It is necessary in the interest of the public health, public safety and general welfare that the creation or alteration and proliferation of airport obstructions be prevented.

(3)

It is necessary in the interest of the public health and general welfare that the establishment of incompatible land uses be prevented in the areas defined as the runway protection zones hereinafter described.

(4)

The prevention of these obstructions, structures, trees and incompatible land uses should be accomplished to the extent legally possible, by exercise of the police power of the County.

(5)

It is further declared that the prevention of the creation or establishment of airport obstructions, structures, trees and incompatible land uses and the elimination, removal, alteration, mitigation or marking and lighting of existing airport hazards are public purposes for which the County may raise and expend public funds and acquire land or interests in land.

(Ord. No. 2001-19, § 2, 5-22-01)