Criminal proceedings against an aerial advertising company and the pilot it hired to fly banners over Oahu will be held later this month.

Attorney Delanie Prescott-Tate, who represented Aerial Banners Inc. and pilot Matthew Radeck in Wahiawa District Court on Tuesday, sought a continuance of proceedings to consolidate the two cases with another scheduled for Aug. 26.

District Judge Alvin Nishimura also granted Prescott-Tate’s request to allow Radeck to travel out of state before the court date for work-related purposes. Radeck, who lists a Waianae address, "has a job in Florida that he will be flying for the company," Prescott-Tate said.

Radeck, 55, was arrested last month by police after flying an aerial banner over Oahu in violation of a city ordinance. It was his second violation. His appearance in court Tuesday was related to his earlier citation, tied to an incident during the Independence Day weekend.

He declined to speak to media after Tuesday’s hearing.

Aerial Banners attorneys argue that the company does not need to follow city ordinances because it has a waiver from the Federal Aviation Administration that trumps local laws.

An FAA administrator, however, has since told city officials that the waiver does not allow the company to bypass local ordinances.

Mayor Kirk Caldwell has urged the public to call 911 if they see aerial banners flying over Oahu.

City officials said Radeck was arrested because he is a repeat offender.

The maximum penalty for violating the city’s aerial advertising ordinance is a fine of $500, up to 90 days in jail, or both.

While the company insists that only the federal government can regulate airspace, city officials and Outdoor Circle members have repeatedly pointed out that the city’s aerial advertising ordinance was twice reaffirmed by the 9th U.S. Circuit Court of Appeals.