Chapter 57 - Obstructions to Aircraft Operation
5701. Department approval.
5702. Commencement of proceedings for summary offenses.
5703. Disposition of fines, fees and forfeitures.
|§ 5701. Department approval.|
(a) Obstructions to aircraft within approach area.—A person who erects and maintains any smokestack, flag pole, elevated tank, radio station tower, antenna, building, structure, any object of natural growth or other obstruction to the operation of aircraft within an approach area that extends above an inclined plane without first obtaining prior approval thereof from the department commits a summary offense. Each day a violation of this subsection continues constitutes a separate offense.
(b) Structures in close proximity to airport.—A person who erects a new structure or adds to an existing structure in violation of guidelines or regulations adopted by the Federal Aviation Administration of the United States Department of Transportation, or who erects the structure with respect to the airport without, in either event, first obtaining prior approval from the department, commits a summary offense.
(c) Definition.—As used in this section the term “approach area” includes all that area lying within and above an inclined plane, starting at each end of each runway or landing strip of a public-use airport, as described by guidelines or regulations adopted by the Federal Aviation Administration of the United States Department of Transportation.
|§ 5702. Commencement of proceedings for summary offenses.|
In cases where the alleged violation of this chapter is designated a summary offense, proceedings shall be instituted under applicable law within 30 days after the commission of the alleged violation. If the proceedings are instituted against a person prima facie guilty of an offense and it subsequently appears that another person was the violator, proceedings may be instituted against the other person within 30 days after his identity has been discovered.
|§ 5703. Disposition of fines, fees and forfeitures.|
All fines, fees and forfeitures collected under this part for violations thereof, and all bail forfeited, shall be paid to the Department of Revenue and transmitted to the State Treasury and credited to the Aviation Restricted account by the district justice or other officer imposing or receiving them. A district justice who fails to pay the fines, fees and forfeitures to the Department of Revenue commits a misdemeanor of the third degree.