ELR Citation: ELR 20083
No(s). 33898 (Cal. Ct. App. Dec 4, 1969)

A municipality may enforce a city ordinance barring jet aircraft from taking off from the city airport during the night hours. There has been no federal preemption of this area. No conflicting federal regulations have been found, and when there is no conflict, local law may reinforce federal concern with noise abatement. Moreover, the state has not preempted the field; indeed, it has granted authority to the municipalities to "regulate the use of the airport." A writ of prohibition issued by the court below is dissolved.

Counsel for Appellant
Robert C. Cockins
City Attorney
Santa Monica, CA

Counsel for Respondent
No appearance

Before Jefferson, Kingsley, and Dunn, JJ.