(A) All violations of the Code of Federal Regulations defined in Title 14 C.F.R. Part 101 and Title 14 C.F.R. Part 107 will be reported to the FAA.
(B) All violations of O.R.S. Chapter 837 may be punished under O.R.S. 837.990 and O.R.S. 837.995.
(C) Any condition created, caused, committed, or maintained in violation of any provision of this subchapter is hereby declared to be unlawful and a public nuisance.
(D) Any person who engages in a violation of this section, or who owns, possesses, manages, controls, or has charge of any drone in violation of this section, shall be subject to the penalties and remedies provided by this section.
(E) Any violation of this section shall constitute a separate offense for each day the violation persists.
(F) Any intentional injury or property damage caused while operating a drone will be referred to the County District Attorney for criminal prosecution.
(G) Upon any violation of this section, any emergency responder, or law enforcement officer (officer) shall be authorized to use reasonable force to cause the violating drone to land on the ground. Neither the city, nor the officers involved, shall be liable for any damage to a drone caused by an officer while enforcing this section if such damage was reasonably necessary to ensure unhindered performance of emergency services.
(H) Any drone found to be operated in violation of this section may be impounded and held as evidence in any enforcement proceeding, including a proceeding brought under this section.
(I) The expenses of seizing, eradicating, destroying, or taking remedial action with respect to any impounded drone shall not be recoverable from the owner and operator of the drone. Proof of liability for any forfeiture petition under this subchapter shall be by a preponderance of the evidence.
(J) These penalties and remedies are cumulative, in addition to any other penalties and remedies available to the city.
(Ord. 2023-07, passed 12-11-2023)