(a) Unless authorized by the Safety Director, a person or entity shall not operate an unmanned aircraft system in the airspace above or adjacent to any public park, school, municipal building, or any other property owned or used by the Village, the Cuyahoga Heights School District, the City of Cleveland, any provider of public utilities, or any other public entity.
(b) A person or entity shall not use an unmanned aircraft system to record an image of any Village owned property or any privately owned real property or of the owner, tenant, occupant, invitee, or licensee of such property with the intent to conduct surveillance on the individual or property captured in the image in violation of such person's reasonable expectation of privacy without his or her written consent. For the purposes of this section, a person is presumed to have a reasonable expectation of privacy on his or her privately owned real property if he or she is not observable by persons located at ground level in a place where they have a legal right to be, regardless of whether he or she is observable from the air with the use of an unmanned aircraft system.
(1) This section does not apply to the use of an unmanned aircraft system if:
A. A law enforcement agency first obtains a search warrant authorizing the use of an unmanned aircraft system.
B. A law enforcement agency possesses a reasonable suspicion that, under particular circumstances, swift action is needed to prevent imminent danger to life or serious damage to property, to forestall the imminent escape of a suspect or the destruction of evidence, or to achieve purposes including but not limited to the location of a missing person.
(Ord. 2015-84. Passed 10-29-15.)