(A) Purpose. The regulations set forth in this section seek to promote the ability of noncommercial and commercial users to operate Unmanned Aircraft Systems safely within the City of Fort Wayne while recognizing the need to protect citizens and public safety personnel in designated areas and circumstances where heightened safety concerns are present.
(B) Definitions.
ARMY RESERVE FACILITY AERIAL DISTRICT. A circular area with a radius of 2,500 feet out from a center point with GPS coordinates of 41.052473, -85.168455, commonly known as 2233 Nuttman Ave., Fort Wayne, Indiana.
COMMERCIAL USE. The flying of an unmanned aircraft system for work, business or commercial purposes.
DOWNTOWN AERIAL DISTRICT. A circular area with a radius of 5,500 feet out from a center point with the GPS coordinates of 41.080325, -85.140652, commonly known as the 100 block of W. Main St., Fort Wayne, Indiana.
DUPONT HOSPITAL AERIAL DISTRICT. A circular area with a radius of 2,500 feet out from a center point with GPS coordinates of 41.175260, -85.108885, commonly known as 2520 E. Dupont Rd., Fort Wayne, Indiana.
FORT WAYNE INTERNATIONAL AIRPORT (FWA) AERIAL DISTRICT. A circular area with a radius of 13,200 feet (2.5 miles) out from a center point located at the ATC tower with GPS coordinates of 40.972124, -85.187764, commonly known as 3817 Winters Rd., Fort Wayne, Indiana.
LUTHERAN HOSPITAL AERIAL DISTRICT. A circular area with a radius of 2,500 feet out from a center point with GPS coordinates of 41.038972, -85.249764, commonly known as 7950 W. Jefferson Blvd., Fort Wayne, Indiana.
PARKVIEW RANDALLIA AERIAL DISTRICT. A circular area with a radius of 2,500 feet out from a center point with GPS coordinates of 41.096241, -85.109989, commonly known as 2200 Randallia Dr., Fort Wayne, Indiana.
PRIVATE SPACE. Any indoor or outdoor property owned or controlled by a private individual or entity.
PUBLIC EVENT. Any event, game, practice, contest, parade, rally, celebration or other gathering in either private space or public space, to which the public is invited or attends and for which a permit has been issued by the city.
PUBLIC SPACE. Any indoor or outdoor property (including streets and sidewalks) owned or controlled by federal, state or local government, or an instrumentality of federal, state or local government.
NONCOMMERCIAL USE. The flying of an Unmanned Aircraft System for enjoyment, recreation, hobby and not work, business purposes, or for compensation of hire.
SMITH FIELD AIRPORT (SMD) AERIAL DISTRICT. A circular area with a radius of 5,500 feet out from a center point with GPS coordinates of 41.143317, -85.153226, commonly known as 902 W. Ludwig Rd., Fort Wayne, Indiana.
UNMANNED AIRCRAFT SYSTEM (“UAS”). An aircraft without a human pilot onboard which is controlled from an operator on the ground, often referred to as a “drone.”
(C) Applicability. This subchapter shall not interfere with the authority of the Federal Aviation Administration ("FAA"). All UAS operators within the city must obey FAA and Indiana laws, rules and regulations as may be amended from time to time.
(D) Prohibited unmanned aircraft system activities.
(1) For UAS takeoff and landing within the city, it shall be unlawful without prior notification to the city for a person to use or operate an UAS within five hundred (500) yard horizontal radius of, or anywhere above, a public event.
(2) For UAS takeoff and landing within the city, it shall be unlawful without prior notification to the city for a person to use or operate an UAS anywhere above the Downtown Aerial District.
(3) No person shall operate any UAS within the city in a manner that is prohibited by any federal statute or regulation governing aeronautics.
(4) For UAS takeoff and landing within the city, it shall be unlawful for a person to operate an UAS in a careless or reckless manner so as to endanger the life or property of another. The standard for what constitutes careless or reckless operation under this section shall be the same as the standard set forth in any federal statutes or regulations governing aeronautics, including but not limited to Federal Aviation Rule 91.13. If law enforcement has reasonable suspicion to believe there is unsafe UAS operation occurring, the city may immediately prohibit any UAS use. Within twenty-four (24) hours of prohibiting such use, law enforcement shall document the basis for the reasonable suspicion and actions taken.
(E) Non-applicability. Subsections (D)(l) and (D)(2) do not apply to:
(1) Employees of the city operating an UAS in the regular course of their duties.
(2) Individuals under contract with the city operating an UAS for the purposes of promotion, resource management, development, mapping or utility management and repair.
(3) Any local, state or federal government agency lawfully operating UAS for a government purpose or function.
(F) Notification process. Persons wishing to operate a UAS within 5,500 feet of the Downtown Aerial District, 2.5 miles of FWA, 5,000 feet of SMD, 2,500 feet of Parkview Randallia/Lutheran/Dupont Hospital(s), 2,500 feet of the Army Reserve Facility, and/or within a five hundred (500) yard radius of, or anywhere above, a public event, shall provide the following information to the city before the operation:
(1) Name, address and telephone number of UAS the operator, any assisting persons during the flight, and any affiliated company name, if applicable;
(2) Purpose of the UAS operation as either noncommercial or commercial use;
(3) FAA-issued Registration Certificate Number(s) of any UAS to be operated;
(4) UAS operator's FAA-issued Remote Pilot Certificate Number(s) and date(s) of issue authorized under 14 CFR 5107, if applicable;
(5) Document numbers and dates of issue and expiration for FAA-issued certificate(s), waiver(s), or authorization, or Section 333 Exemption, applicable to the operation of the UAS;
(6) Policy information with dates of issue and expiry of any certificate(s) of liability insurance, if applicable;
(7) Proposed area and time of UAS operation;
(8) Location where the UAS will be operated from; and
(9) Name, address and telephone number of any owner(s) granting permission for UAS operation over any private space.
(Ord. G-10-19, passed 5-14-19; Ord. G-8-21, passed 8-24-21) Penalty, see § 96.99