Port St. Lucie Code section 94.05(d) expressly exempts noise from the operation of aircraft from its noise ordinance, and aircraft-in-flight noise is governed by exclusive federal authority over navigable airspace under 49 U.S.C. 40103.
Port St. Lucie does not regulate the noise of aircraft in flight. Section 94.05(d) lists 'Noise resulting from the operation of any type of aircraft, not including a power model vehicle' as an exemption from Chapter 94, so ordinary aircraft overflight noise cannot be cited under the city code. This mirrors federal law: under 49 U.S.C. 40103 the United States has exclusive sovereignty over the navigable airspace and the FAA regulates aircraft operations and noise, and in City of Burbank v. Lockheed Air Terminal, 411 U.S. 624 (1973), the Supreme Court held that local aircraft-noise curfews are preempted. Local governments that are not airport proprietors generally cannot impose curfews or noise limits on aircraft operations. The exemption pointedly does not cover 'powered model vehicles' such as model aircraft and drones, which remain subject to section 94.06(e). Aircraft-noise concerns should be raised with the FAA or the airport operator.
Not applicable to aircraft in flight; such noise is exempt under section 94.05(d) and preempted by federal law. Model-aircraft and drone noise is enforced under section 94.06(e) (powered model vehicles) of the City Code.
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