(A) Model aircraft and unmanned aircraft on town property. Launch, recovery or operation of model aircraft or unmanned aircraft is prohibited on all town-owned property without specific written permission from the Town Manager or designee, who may allow it for governmental purposes to include, but not be limited to photography, so long as the operation of the model aircraft or unmanned aircraft is done in accordance with the requirements of the Federal Aviation Administration and North Carolina General Statutes.
(B) Use of model aircraft and unmanned aircraft in public vehicular areas and common areas. No model aircraft or unmanned aircraft shall be launched, recovered, or operated upon any public vehicular area, common area for town homes, apartments, or condominiums, nor shall any such model aircraft or unmanned aircraft be launched, recovered, or operated upon any multi-family property within the jurisdiction.
(C) Definition. The following terms shall be defined as written for this section unless context requires or indicates a different meaning.
MODEL AIRCRAFT. An aircraft (any contrivance now known, or hereafter invented, used or designed for navigation of or flight in the air), that is mechanically driven or launched into flight and that meets all of the following requirements:
(a) Is flown solely for hobby or recreational purposes.
(b) Is not used for payment, consideration, gratuity, or benefit, directly or indirectly charged, demanded, received, or collected, by any person for the use of the aircraft or any photographic or video image produced by the aircraft.
UNMANNED AIRCRAFT. An aircraft (any contrivance now known, or hereafter invented, used or designed for navigation of or flight in the air), that is operated without the possibility of human intervention from within or on the aircraft and that does not meet the definition of model aircraft.
(D) Prior to the operation of any model aircraft or unmanned aircraft within the corporate limits of the Town of Beech Mountain, an individual shall first obtain a permit for such operation from the Town Manager or their designee upon a form approved by the Town Manager. Any person operating a model aircraft or unmanned aircraft pursuant to a permit issued under this section must still comply with all state and Federal regulations of such aircraft and may be revoked by the Town Manager upon good cause. A permit issued under this section may be issued for a period up to six months.
(E) Enforcement of this section.
(1) Violation of this section shall be a Class 3 misdemeanor; and
(2) Violation of this section shall otherwise be enforceable in accordance with the provisions set forth in Chapter 11, § 11.01.
(Ord. 2018-02, passed 1-9-2018)