It is lawful to use a UAV/UAS within the village to photograph, film, audiotape or otherwise record an individual or individuals acting on private property where the following is true of the use:
(A) If the image is captured by the village or an individual or entity under contract with the village for the purposes of resource management;
(B) If the image is made for the monitoring, operation and maintenance of utilities, telecom- munication or transportation infrastructure for the purpose of maintaining the reliability and integrity of the utility, telecommunication or transportation system or to determine if repairs to the system are necessary;
(C) If law enforcement is using the UAV/UAS to execute a valid search warrant;
(D) If law enforcement is in hot pursuit of a suspect;
(E) If law enforcement is acting under exigent circumstances, such that a search warrant would not be required;
(F) If the UAV/UAS is being used to document a crime scene where a felony offense has been committed;
(G) If the UAV/UAS is being used to document an accident scene as part of an investigation;
(H) If the UAV/UAS is being used to conduct a search for a lost, missing or abducted person;
(I) If the image is made for an artistic or journalistic purpose, not otherwise prohibited by state or federal law;
(J) If the image is made of a public or private event with the express written consent of the event organizer and attendees are notified that a recording may occur and the UAV is not flown in airspace that could endanger any person;
(K) If the UAV/UAS is being used by a fire department in response to an emergency or for search and rescue or at request and under control of a fire department;
(L) If the UAV/UAS is being used by a person or an entity engaged in a business or profession licensed by the state, or by an agent, employee or contractor thereof to perform reasonable tasks within the scope of practice or activities permitted under such person’s or entity’s license. However, this exception does not apply to a profession in which the licensee’s authorized scope of practice includes obtaining information about the identity, habits, conduct, movements whereabouts, affiliations, associations, transactions, reputation or character of any society, person or group of persons;
(M) If the UAV/UAS is being used for aerial mapping in compliance with Federal Aviation Administration regulations; and/or
(N) If the UAV/UAS is being used to deliver cargo in compliance with Federal Aviation Administration regulations.
(Ord. 15-09-02, passed 9-15-2015)