511.03 RESTRICTIONS.
(a) Anyone who launches, operates, or causes to be launched or operated, any unmanned aerial vehicle or unmanned aircraft system within the limits of the Hamilton, Ohio, must be able to present, immediately upon request by any member of the police or fire force, a current Certificate of aircraft registration issued by the Federal Aviation Administration for the unmanned aircraft system, if a Certificate is required by the FAA.
(b) No person shall launch, operate, or cause to be launched or operated, any unmanned aerial vehicle or unmanned aircraft system in any airspace within or over any area of the City of Hamilton that the Federal Aviation Administration determines to be a restricted area, either by way of a Notice to Airmen (NOTAM), Temporary Flight Restriction, No Drone Zone, or other means.
(1) This section shall not apply to any person who has previous approval from the Federal Aviation Administration to operate a UAS in a restricted area and is complying with all terms and conditions of their approval.
(c) No person shall launch, operate, or cause to be launched or operated, any unmanned aerial vehicle or unmanned aircraft system over any property in a manner that causes direct and immediate interference with the use or enjoyment of that property.
(d) No person shall launch, operate, or cause to be launched or operated, any unmanned aerial vehicle or unmanned aircraft system to invade the privacy of another's home, office, enclosed space, or the private space of another.
(e) No person shall launch, operate, or cause to be launched or operated, any unmanned aerial vehicle or unmanned aircraft system in a manner that recklessly, carelessly, or negligently endangers persons, wildlife, or property or in a manner that harasses, disturbs, intimidates, annoys or threatens persons or wildlife, or creates a public nuisance.
(f) No person shall launch or land an unmanned aerial vehicle or unmanned aircraft system at any municipal building or any other property owned by the City of Hamilton.
(1) This section shall not apply to public parks or the public right-of-way unless such use is in violation of federal, state, or local law.
(2) This section shall not apply to any person who has been authorized by the Executive Director of Public Safety, Chief of Police, or their designees.
(g) No person or entity shall use an unmanned aircraft system to record audio or an image of any City 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.
(h) No person shall use an unmanned aerial vehicle or unmanned aircraft system over any active emergency scene, without the consent of the Executive Director of Public Safety, Chief of Police, Chief of Fire, their designees, or the commander at the emergency scene. An active emergency scene shall include an active crime scene, a property or location to which the Fire Department or Police Department is responding to an accident or fire (not including a residential fire), or other emergency situation, or a property or location to which Emergency Medical Services is responding to an incident.
(i) No person shall launch, operate, or cause to be launched or operated, any unmanned aerial vehicle or unmanned aircraft system in violation of a Certificate of Waiver or Authorization issued by the FAA, if so applicable, which Certificate may pertain to operation beyond the line of sight, operation over people, operation at night, or any other category of operation for which a Certificate of Waiver is required.
(j) No person shall launch, operate, or cause to be launched or operated, any unmanned aerial vehicle or unmanned aircraft system in violation of any federal or state law, or any ordinance of the City of Hamilton, Ohio.
(Ord. 2021-9-78. Passed 9-22-21.)