CHAPTER 11
UNMANNED AIRCRAFT - DRONES

7-11-1: DEFINITIONS:

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

AIRCRAFT     Any contrivance invented, used, or designated to navigate or fly in the air.

AIRSPACE    The airspace above the land, water and waterways within the jurisdiction of the City of Flora, Illinois.

FIREARM    Has the meaning ascribed as used in the Ordinances of the City of Flora and Statutes of the State of Illinois.

HOBBY or RECREATIONAL PURPOSES     A pursuit engaged in for relaxation, and not for business purposes and not for compensation or hire.

OPEN AIR ASSEMBLY UNIT   Means any structure, enclosed areas or other demarcated space used for the assembly of persons in the open air, including, but not limited to, amusement parks, stadiums, athletic fields, aviation fields, band stands, grandstands, observation platforms, outdoor public or private swimming pools, outdoor theaters, street festivals or parade routes.

OPERATE   To pilot, steer, direct, fly or manage a small unmanned aircraft through the air whether from within the aircraft or remotely. The term "operate" includes managing or initiating a computer system that pilots, steers, directs, flies or manages a small unmanned aircraft.

PUBLIC AIRCRAFT   Has the meaning ascribed to the term in Section 40102 of Title 49 of the United States Code.

SMALL UNMANNED AIRCRAFT   An aircraft that (1) is operated without the possibility of direct human intervention from within or on the aircraft, and (2) weighs less than 55 pounds at the time of the operation, including the weight of any payload or fuel. The term "small unmanned aircraft does not include "toy aircraft" or "public aircraft" as defined herein.

SURVEILLANCE   The gathering, without permission and in a manner that is offensive to a reasonable person, of visual images, physical impressions, sound recordings, data or other information involving the private, personal business or familial activities of another person, business or entity, or that otherwise intrudes upon the privacy, solitude or seclusion of another person, business or entity, regardless of whether a physical trespass onto real property owned, leased or otherwise lawfully occupied by such other person, business or other entity, or into the airspace above real property owned, leased or otherwise lawfully occupied by such other person, business or other entity, occurs in connection with such surveillance.

TOY AIRCRAFT   (1) A glider or hand-tossed small unmanned aircraft that is not designed for and is incapable of sustained flight; or (2) a small unmanned aircraft that is capable of sustained flight and is controlled by means of a physical attachment, such as a string or wire.

WEAPON   Any instrument, article or substance that, under the circumstances in which it is used, attempted to be used or threatened to be used, is readily capable of causing death or serious physical injury. (Ord. 17-2928, 6-5-2017)

7-11-2: OPERATING REGULATIONS:

No person shall operate any small unmanned aircraft in airspace:

(A)   Except for hobby or recreational purposes only and in conformity with this section;

(B)   Directly over any person who is not involved in the operation of the small unmanned aircraft, without such person's consent;

(C)   Over property that the operator does not own, without the property owner's consent, and subject to any restrictions that the property owner may place on such operations;

(D)   At an altitude higher than 400 feet above ground level;

(E)   Outside the visual line of sight of the operator. The operator shall use his or her own natural vision (which includes vision corrected by standard eyeglasses or contact lenses) to maintain at all times an unobstructed view of the small unmanned aircraft, without the use of vision-enhancing devises, such as binoculars, night vision goggles, powers vision magnifying devises, goggles designated to provide a "first person view" from the model or similar devices;

(F)   Within the air space of the Flora Airport;

(G)   In a manner that interferes with, or fails to give way to, any manned aircraft;

(H)   Between dusk and dawn;

(I)   Whenever weather conditions impair the operator's ability to operate the small unmanned aircraft safely;

(J)   Over any open air assembly unit, school, school yard, public or private park, hospital, place of worship, prison or police station, without the property owner's consent, and subject to any restrictions that the property owner may place on such operation;

(K)   Within 500 feet of any water intake facility or any electric generating facility, substation or control center, or within 100 feet of any electric transmission facility, or within 25 feet of any electric distribution facility or of any overhead wire, cable, conveyor or similar equipment for the transmission of sounds or signal, or of heat, light or power, or data, upon or along any public way within the City, without the facility or equipment owner's consent, and subject to any restrictions that the facility or equipment owner may place on such operation;

(L)   For the purpose of conducting surveillance, unless expressly permitted by law;

(M)   While under the influence of alcohol, or other drug or drugs, intoxicating compound or compounds or any combination thereof, as those terms are defined in 625 ILCS 5/11-501, as amended;

(N)   That is equipped with a firearm or other weapon;

(O)   With intent to use such small unmanned aircraft or anything attached to it to cause harm to persons or property;

(P)   In a reckless or careless manner;

(Q)   In violation of any Federal or State law. (Ord. 17-2928, 6-5-2017)

7-11-3: CONSTRUCTION OF SECTION:

(A)   Operations authorized by the FFA - Exception. Nothwithstanding the prohibitions set forth in this Section 2-13, nothing in this section shall be construed to prohibit, limit or otherwise restrict any person who is authorized by the Federal Aviation Administration to operate a small unmanned aircraft in air space, pursuant to Section 333 of the FFA Modernization and Reform Act of 2012 or a certificate of waiver, certificate of authorization or airworthiness certificate under Section 44704 of Title 49 of the United States Code of other Federal Aviation Administration grant of authority for a specific flight operation(s), from conducting such operation(s) in accordance with the authority granted by the Federal Aviation Administration.

(B)   Operations prohibited by FFA - Clarification. Nothing in this section shall be construed to authorize the operation of any small unmanned aircraft in air space in violation of any Federal statute or rules promulgated thereunder, but not limited to, any temporary flight restrictions or notices to airmen issued by the Federal Aviation Administration.

(C)   Operations authorized by the State of Illinois - Exception. Nothwithstanding the prohibitions set forth in this section, nothing in this section shall be construed to prohibit the use of a drone by a law enforcement agency in accordance with Section 15 of the Freedom from Drone Surveillance Act, codified at 725 ILCS 167/1 et seq., or its successor provision. (Ord. 17-2928, 6-5-2017)