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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)
7-11-4: PARENTAL RESPONSIBILITY:
Pursuant to 740 Illinois Compiled Statutes 115/1 et seq., the parent or legal guardian of a minor defendant who resides with such parent or legal guardian shall be liable for any fine or condition of restitution or reparation imposed by a court upon a minor for actual damages for willful or malicious acts of such minor which cause injury to a person or property, provided, that such minor has not paid such fine or made such restitution or reparation within the time ordered by the court, and further provided that such parent or legal guardian has been served with a summons or notice to appear in the original cause and all proceedings thereafter as provided by law. (Ord. 17-2928, 6-5-2017)
7-11-5: SEIZURE FOR UNLAWFUL USE:
On a second or ensuing incident or on a first incident resulting in property damage or personal injury and when the Mayor, Police Chief or their duly authorized enforcement officers or designees have a reasonable basis to believe that any small unmanned aircraft is or has been operating in violation of this section, said small unmanned aircraft may be seized by such duly authorized enforcement official, followed by an opportunity for an administrative hearing, with notice to the owner within seven (7) calendar days of such seizure, for the purpose of reviewing the appropriateness of the seizure, and shall be held by the City until such time that the owner of such small unmanned aircraft reimburses the City for the actual cartage costs incurred in connection with the seizure and pays to the City $20.00 for each day, or part of a day, that the small unmanned aircraft is in storage. If criminal charges involving the use, conditions or operation of the small unmanned aircraft are pending, the small unmanned aircraft shall be held until disposition of the criminal charges. If it is determined at an administrative hearing, by a preponderance of evidence, that the seized small unmanned aircraft was not operated in violation of this section, such small unmanned aircraft shall be returned to its owner without charge. (Ord. 17-2928, 6-5-2017)
7-11-6: RULES:
The Police Chief, in consultation with the corporate counsel, is authorized to promulgate rules necessary or appropriate to implement all rules and regulations regarding this ordinance. Such rules shall be publicly available and conspicuously posted. (Ord. 17-2928, 6-5-2017)
7-11-7: VIOLATION; PENALTY:
Any person who violates this section or any rule promulgated hereunder shall be fined not less than $100.00 nor more than $750.00 for each offense and in addition thereto shall be ordered to make restitution or reparation for any damages to person or property which may arise from operation of said small unmanned aircraft. Each day that a violation continues shall constitute a separate and distinct offense. (Ord. 17-2928, 6-5-2017)