An Unmanned Aircraft System (UAS) or Small Unmanned Aircraft System (Small UAS) may be operated in City of Hubbard airspace for hobby or recreational purposes only, except that it shall be unlawful to operate a UAS or Small Unmanned Aircraft System as follows:
(a) In a reckless manner creating a substantial risk of serious physical injury to another person, or substantial risk of property damage of another person;
(b) In a manner that interferes with a piloted aircraft;
(c) 3. In a manner that interferes with firefighting, police activity, or emergency response activity;
(d) In a manner that is intended to harass, annoy, or assault a person, or to create or cause a public nuisance;
(e) To capture a person's visual image, audio recording or other physical impression in any place where that person would have a reasonable expectation of privacy;
(f) Over any person who is not involved in the operation of the UAS or Small UAS, without such person's consent;
(g) Over vehicular traffic;
(h) Over property that the operator does not own, unless the property owner consents;
(i) Over property owned, leased, or operated by the City of Hubbard, including but not limited to airports, parks, lakes, swimming pools, trails, parking lots, and public buildings;
(j) Over property used as a Public Gathering Space where large numbers of people congregate in a defined area or space.
(k) By a child under thirteen (13) years of age when not accompanied by the child's parent or guardian or an adult designated by child's parent or guardian. The failure of a parent or designated adult to supervise an underage child's operation of a UAS or Small UAS shall be a violation by the parent or designated adult;
(l) At an altitude higher than 400 feet about ground or water surface level.
(m) Outside the visual line of sight of the operator. The operator shall use his or her own natural vision, which includes vision corrected by standard eyeglasses or contact lenses, to maintain at all times an unobstructed view of the UAS or Small UAS, without the use of vision-enhancing devices, such as binoculars, night vision googles, powered vision magnifying devices, and googles designed to provide a "first person view" from the model or similar devices;
(n) In a manner that interferes with, or fails to give way to, any manned aircraft or moving vehicle.
(o) During the period between sunset and sunrise;
(p) Whenever weather conditions impair the operator's ability to operate the UAS or Small UAS safely;
(q) Over any open-air assembly, school, school yard, hospital, swimming pool, place of worship, or law enforcement building, without the property owner's consent;
(r) Within 500 feet of any electric generating facility, substation, or control center, or within 100 feet of any electric transmission facility, or within twenty-five (25) feet of any electric distribution facility of any overhead wire, cable, conveyor, or similar equipment for the transmission of sounds or signal, or of heat, light, or power, or data, upon or along any public rights-of-way within the City without the facility or equipment owner's consent;
(s) To conduct surveillance, unless expressly permitted by law;
(t) With 0.08 percent or more by weight of alcohol in that person's blood or while under the influence of alcohol, or any drug, any intoxicant, or any combination thereof, which renders that person of safely operating such drone;
(u) That is equipped with a firearm or other weapon;
(v) With intent to use such UAS or Small UAS or anything attached to it to cause harm to person's or property; or
(w) In a reckless, careless, or negligent manner.
(Ord. 22-23. Passed 1-16-24.)