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JetBlue Violations Of Late Night Flight Provisions Of City's Airport Ordinance Have Increased; It Pays Sizable Sums To Non-Profit LB Public Library Foundation Under Consent Decree With City Prosecutor's Office


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(Oct. 8, 2016, 10:35 a.m.) -- JetBlue's violations of the late-night flight provisions of the City of Long Beach's Airport noise ordinance have increased, and as a consequence it has paid sizable sums to the non-profit Long Beach Public Library Foundation under a continuing consent decree with the Long Beach City Prosecutor's office.

Fourth district Councilman Daryl Supernaw regularly cites JetBlue's late night flights in his Council office newsletter, most recently (Oct. 7) as indicated below:

Month
10:00 pm -
11:00 pm
11:00 pm -
7:00 am
Total
Fines
July
21
11
32
$48,000
August
21
21
42
$54,000
September
13
8
21
$30,300
2016 Total
186
104
290
$435,600
Monthly Avg.
20.7
11.6
31.2
$48,400

LB Airport staff also routinely provides City Hall's appointed (Mayor chosen, Council approved) Airport Advisory Commission with monthly noise reports (which lag Councilman Supernaw's tally by a few months) that include additional details on Airport noise ordinance violations (by JetBlue and others.) The most recent Airport staff monthly noise report is visible at this link.

The most recent report indicates that as of July (cumulative 2016 year to date) JetBlue's 10-11 p.m. activity is up 39.4% over 2015, and its 11 p.m. to 7 a.m. activity is up 97.4% since 2015. JetBlue's cumulative noise violations 2016 to date are up 122.2%.

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LB's Airport ordinance provides that violations of LB's Airport ordinance between 10 p.m. and 11 p.m. "which are the result of unanticipated delays beyond their reasonable control of the aircraft Owner/Operator shall be waived upon the presentation of evidence satisfactory to the Airport Manager that the delayed arrival or departure resulted from such circumstances. Delays caused by mechanical failure (but not by routine maintenance), by weather conditions or by air traffic control conditions will be considered beyond the Owner/Operator’s control." Other noise violations (i.e. mainly after 11 p.m.) are fined. (The "alternative enforcement" referred to in Airport staff's monthly noise report regarding JetBlue's violations is the consent decree, described below.)

In 2003, JetBlue agreed to a consent decree with the Long Beach City Prosecutor's office -- visible at this link -- pleading nolo contendere [no contest] and agreeing to pay sums in many cases larger than provided in LB's Airport ordinance to the non-profit Long Beach Public Library Foundation when JetBlue violates the Airport ordinance's noise limits. [LBREPORT.com believes the consent decree has been continually renewed and remains substantively unchanged to date.]

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LB's Airport Advisory Commission routinely receives and files (takes no action on) Airport staff's reports on Airport ordinance noise violations. Councilman Supernaw didn't raise the issue of JetBlue's late night operations, nor did any other Council members, in voting without dissent to approve Mayor Garcia's latest appointee to the Airport Advisory Commission (Wayne Chaney, Sr.) on Jan. 5, 2016.

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Earlier today (Oct. 8) and prior to publishing our story, LBREPORT.com invited comment from JetBlue; a response is pending and will be added as received.

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