A. No person shall use an unmanned aircraft to record or transmit any visual image or audio recording of any person or private real property located in the city under circumstances in which the subject person or owner of the subject real property has a reasonable expectation of privacy (including, but not limited to, inside a private residence or office, and inside an enclosed yard).
B. This section shall not prohibit the use of any model aircraft, which is flown in compliance with section 336 of the FAA modernization and reform act of 2012 and which does not transmit or record visual images or audio recordings of any person or real property located in the city.
C. This section shall not prohibit the use of any unmanned aircraft by law enforcement or public safety agencies:
1. If a warrant is issued authorizing the use of an unmanned aircraft; or
2. For the purpose of providing emergency management, fire, or police protection services in response to a life threatening emergency, or for surveying the condition of persons or property during a duly declared state of emergency; or
3. Under circumstances where a warrant would not otherwise be required by law.
D. For the purpose of this section, an "unmanned aircraft" is a device that flies and is operated without the possibility of direct human intervention from within or on the aircraft. (Ord. 14-O-2667, eff. 11-21-2014)