For purposes of this Chapter, the following definitions shall apply, unless the context clearly indicates otherwise, or if there is a conflict between a definition of this section and federal or state law, the definition set under federal or state law is controlling:
(A) “CITY MANAGER’S DESIGNEE” means the City Manager or any agent of the City as designated by the City Manager.
(B) “EMERGENCY RESPONDER” means any person engaged in providing emergency services who is an agent of the City, the County of Riverside, a public agency, a law enforcement agency, the fire department, or a public safety organization.
(C) “FAA” means the Federal Aviation Administration.
(D) “PERSON” means and includes any natural person, corporation, company, firm, association, organization, co-partnership, joint venture, trust, business trust, syndicate, estate, receiver, society, club, fraternal organization, any group or combination thereof acting as a unit, and any officer, agent, employee, or servant of any of the foregoing.
(E) “SPECIAL EVENT” means any event, assembly, or gathering held on public land or open-air facility, private property, or commercial or industrial facility that is open to the public and intended to attract people. This includes, but is not limited to, sporting events, concerts, festivals, farmer’s markets, and other similar events.
(F) "LAW ENFORCEMENT OFFICER" means any person authorized under federal, state, or local laws to enforce the laws and regulations of the City of Indio, the State of California, or the United States of America.
(G) "DRONE" means an unmanned aircraft.
(H) "UNMANNED AIRCRAFT" means an aircraft operated without the possibility of direct human intervention from within or on the aircraft, as defined by Title 14 of the Code of Federal Regulations § 1.1, and California Government Code § 853.5.
(I) “UNMANNED AIRCRAFT SYSTEM” means an unmanned aircraft and associated elements (including communication links and the components that control the unmanned aircraft) that are required for the operator to operate safely and efficiently in the national airspace system, as defined under Title 49 United States Code Annotated § 44801(12), 14 C.F.R. § 107.3 and California Government Code § 853.5.
(J) “SMALL UNMANNED AIRCRAFT” means an unmanned aircraft weighing less than 55 pounds at takeoff. This weight includes everything that is on board or otherwise attached to the aircraft before and after takeoff, in accordance with 14 C.F.R. § 1.1, 14 C.F.R. § 170, 14 C.F.R. § 107.1, and 14 C.F.R. § 107.3.
(K) “SMALL UNMANNED AIRCRAFT SYSTEM” means an unmanned aircraft and associated elements (including communication links and the components that control the unmanned aircraft) that are required for the operator to operate safely and efficiently in the national airspace system, as defined under 49 U.S.C.A. § 44801(12), 14 C.F.R. § 1.1, 14 C.F.R. § 107.3, and California Government Code § 853.5.
(L) “FOREIGN CIVIL AIRCRAFT” means any aircraft of foreign registry that is not part of the armed forces of a foreign nation, or a U.S. registered aircraft owned, controlled, or operated by persons who are not
citizens or permanent residents of the United States, as defined in 14 C.F.R. § 375.1, 14 C.F.R. § 375.11, and 14 C.F.R. § 375.10.
(M) “DECLARATION OF COMPLIANCE” means a record submitted to the FAA that certifies the small unmanned aircraft conforms to the Category 2 or Category 3 requirements under 14 C.F.R. § 107.160, in accordance with 14 C.F.R. § 107.
(N) “REMOTE PILOT CERTIFICATE” means a certificate issued pursuant to subpart C of 14 C.F.R. § 107 that satisfies all the requirements of 14 C.F.R. § 107.65 (See 14 C.F.R. § 107.52 through § 107.59).
(O) “REMOTE PILOT IN COMMAND” means a person who holds a remote pilot certificate with a small unmanned aircraft system rating and has final authority and responsibility for the operation and safety of a small unmanned aircraft operation conducted in compliance with all provisions of 14 C.F.R. § 107 and all other federal, state, county, city or other regulations applicable to the date, time, location, and conditions of the small unmanned aircraft operation.
(P) “PERSON MANIPULATING CONTROLS” means a person other than the remote pilot in command who is controlling or manipulating the flight or flight controls of a small unmanned aircraft in accordance with 14 C.F.R. § 107.12.
(Q) “VISUAL OBSERVER” means a person who is designated by the remote pilot in command to assist the remote pilot in command and the person manipulating the flight controls of the small unmanned aircraft to see and avoid other air traffic or objects in flight or on the ground, as defined under 14 C.F.R. § 107.3.
(R) “VISUAL LINE OF SIGHT” means the remote pilot in command, the visual observer (if one is used), and the person manipulating the flight controls (if one is used) of the small unmanned aircraft system must be able to see the unmanned aircraft throughout the entire flight with vision that is unaided by any device other than corrective lenses, as defined under 14 C.F.R. § 107.31.
(S) “OPERATION WAIVER” means the required official documentation, issued by the FAA under 14 C.F.R. § 11, 14 C.F.R. § 107.200, 14 C.F.R. § 107.205, 49
U.S.C.A. § 44807, or other applicable FAA provision, authorizing the operation of an unmanned aircraft in a way that falls outside the permissible operation limitations of federal regulations. An operation waiver is required to operate any unmanned aircraft weighing 55 pounds or more at takeoff, or during flight.
(T) “SPECIAL FLIGHT AUTHORIZATION FOR FOREIGN CIVIL AIRCRAFT” means the required official documentation, issued by the FAA in accordance with 14 C.F.R. § 170.12(c), 14 C.F.R. § 170.13, 14 C.F.R. § 91.715, 14 C.F.R. § 357.11, or other applicable FAA provision, authorizing the operation of a foreign civil aircraft or a U.S. registered aircraft owned, controlled, or operated by persons who are not citizens or permanent residents of the United States.
(Ord. 1731, passed 3-7-18; Am. Ord. 1790, passed 2-15-23)