No person may operate a drone, unmanned aircraft, or small unmanned aircraft in a manner that is prohibited by any applicable federal, state, or local laws and regulations. In addition to all other applicable laws and regulations, the following shall apply to the operation of drones, unmanned aircrafts, and small unmanned aircrafts within the City of Indio:
(A) Preflight designation of remote pilot in command. In accordance with 14 C.F.R. § 107.19, a remote pilot in command must be designated before any flight of a drone, unmanned aircraft, or small unmanned aircraft.
(1) Requirements to qualify as a remote pilot in command. In accordance with 14 C.F.R. § 107.12 and California Public Utilities Code § 21409, no person may act as a remote pilot in command unless:
(a) That person has a remote pilot certificate with a small unmanned aircraft rating issued pursuant to 14 C.F.R. § 107.52 through § 107.79 and satisfies the requirements of 14 C.F.R. § 107.65; or
(b) The person is in possession of a valid FAA-issued operation waiver, or a special flight authorization for foreign civil aircraft, consistent with international standards, authorizing an airman to operate a civil foreign-registered small unmanned aircraft without an FAA-issued remote pilot certificate with a small unmanned aircraft system (UAS) rating.
(2) Inspection of remote pilot certificate. A remote pilot in command, owner, or person manipulating the flight controls of a small unmanned aircraft system must have their remote pilot certificate, with a small UAS rating and identification containing the information listed at 14 C.F.R. § 107.67(b)(1) - (3), in that person's physical possession and readily accessible to present for inspection, upon the request of any federal, state, or local law enforcement officer, and authorized representative of the agencies identified in 14 C.F.R. § 107.7, California Public Utilities Codes § 21410, § 21252, and all other applicable federal, state and local regulations.
(3) Inspection of operation waiver. A remote pilot in command, owner, or person manipulating the flight controls of a small unmanned aircraft system under an operation waiver, or a special flight authorization for foreign civil aircraft, must have the operation waiver in their physical possession and readily accessible to present for inspection, upon the request of any federal, state, or local law enforcement officer, in accordance with 14 C.F.R. § 107, California Public Utilities Codes § 21410, § 21252, and all other applicable federal, state and local regulations.
(4) General duties of a remote pilot in command. In accordance with 14 C.F.R. § 107.19, a remote pilot in command has the following duties:
(a) The remote pilot in command is directly responsible for and is the final authority as to the operation of the small unmanned aircraft system.
(b) The remote pilot in command must ensure that the small unmanned aircraft will pose no undue hazard to other people, other aircraft, or other property in the event of a loss of control of the small unmanned aircraft for any reason.
(c) The remote pilot in command must ensure that the drone or small unmanned operation complies with all applicable regulations of this chapter and all applicable FAA regulations.
(d) The remote pilot in command must have the ability to direct the small unmanned aircraft to ensure compliance with the applicable provisions of this chapter.
(B) Inspection, testing and demonstration before operation. The remote pilot in command, visual observer, owner, operator, or person manipulating the flight controls of a small unmanned aircraft system must, upon request of law enforcement, allow any test or inspection of the small unmanned aircraft system, the remote pilot in command, the person manipulating the flight controls of a small unmanned aircraft system, and, if applicable, the visual observer to determine compliance with all applicable FAA regulations, in accordance with 14 C.F.R. § 107.7.
(C) Preflight remote pilot in command procedure. In accordance with 14 C.F.R. § 107.49, before any flight of a small unmanned aircraft, the remote pilot in command must do all of the following:
(1) The remote pilot in command must assess the operating environment, considering risks to persons and property in the immediate vicinity both on the surface and in the air. This assessment must include:
(a) Local weather conditions; and
(b) Local airspace and any flight restrictions; and
(c) The location of persons and property on the surface; and
(d) Other ground hazards.
(2) The remote pilot in command must ensure that all persons directly participating in the small unmanned aircraft operation are informed about the operating conditions, emergency procedures, contingency procedures, roles and responsibilities, and potential hazards; and
(3) The remote pilot in command must ensure that all control links between the ground control station and the small unmanned aircraft are working properly; and
(4) If the small unmanned aircraft is powered, the remote pilot in command must ensure that there is enough available power for the small unmanned aircraft system to operate for the intended operational time; and
(5) The remote pilot in command must ensure that any object attached or carried by the small unmanned aircraft is secure and does not adversely affect the flight characteristics or controllability of the aircraft; and
(6) If the operation will be conducted over human beings, the remote pilot in command must ensure that the aircraft meets the requirements of 14 C.F.R. § 107.110, § 107.120(a), § 107.130(a), or § 107.140, as applicable; and
(7) In accordance with 14 C.F.R. § 107.15, no person may operate a civil small unmanned aircraft system unless it is in a condition for safe operation. Before each flight, the remote pilot in command must check the small unmanned aircraft system to determine whether it is in a condition for safe operation.
(D) Person manipulating controls. In accordance with 14 C.F.R. § 107.12, no person may manipulate the flight controls of a small unmanned aircraft system unless:
(1) That person has a remote pilot certificate with a small unmanned aircraft rating issued pursuant to 14 C.F.R. § 107.52 through § 107.79 and satisfies the requirements of 14 C.F.R. § 107.65; or
(2) That person is under the direct supervision of a remote pilot in command and the remote pilot in command can immediately take direct control of the flight of the small unmanned aircraft.
(E) Use of a visual observer. In accordance with 14 C.F.R. § 107.33, if a visual observer is used during the aircraft operation, all of the following requirements must be met:
(1) The remote pilot in command, the person manipulating the flight controls of the small unmanned aircraft system, and the visual observer must maintain effective communication with each other at all times.
(2) The remote pilot in command must ensure that the visual observer is able to maintain a continuous visual line of sight of the unmanned aircraft throughout the entire flight with vision that is unaided by any device other than corrective lenses, in accordance with 14 C.F.R. § 107.31.
(3) The remote pilot in command, the person manipulating the flight controls of the small unmanned aircraft system, and the visual observer must coordinate to do the following:
(a) Scan the airspace where the small unmanned aircraft is operating for any potential collision hazard; and
(b) Maintain awareness of the position of the small unmanned aircraft through direct visual observation.
(F) General operation requirements during flight. The remote pilot in command, and the person manipulating the flight controls of the small unmanned aircraft system, must comply with all of the operating regulations under 14 C.F.R. § 107, and all other applicable FAA regulations when operating a drone, unmanned aircraft, or small unmanned aircraft, including but not limited to:
(1) Required certification and registration. In accordance with 14 C.F.R. § 107.13, a person operating a drone, unmanned aircraft, or small unmanned aircraft, for purposes of flight, must ensure the drone, unmanned aircraft, or small unmanned aircraft complies with all applicable FAA certification and registration requirements, including but not limited to the provisions of 14 C.F.R. § 91.203(a)(2) and California Public Utilities Code § 21411.
(2) Operation limitations during flight. In accordance with 14 C.F.R. § 107.51 and all other applicable federal, state, and local regulations, a remote pilot in command, and the person manipulating the flight controls of the small unmanned aircraft system, must comply with all of the following operating limitations when operating a small unmanned aircraft system:
(a) The groundspeed of the small unmanned aircraft may not exceed 87 knots (100 miles per hour).
(b) The altitude of the small unmanned aircraft cannot be higher than 400 feet above ground level, unless the small unmanned aircraft is flown within a 400-foot radius of a structure; and does not fly higher than 400 feet above the structure's immediate uppermost limit.
(c) The minimum flight visibility, as observed from the location of the control station, must be no less than three statute miles. For purposes of this section, “flight visibility” means the average slant distance from the control station at which prominent unlighted objects may be seen and identified by day and prominent lighted objects may be seen and identified by night.
(d) The minimum distance of the small unmanned aircraft from clouds must be no less than 500 feet below the cloud and 2,000 feet horizontally from the cloud.
(3) Medical condition. In accordance with 14 C.F.R. § 107.17, no person may manipulate the flight controls of a small unmanned aircraft system or act as a remote pilot in command, visual observer, or direct participant in the operation of the small unmanned aircraft if they know or have reason to know that they have a physical or mental condition that would interfere with the safe operation of the small unmanned aircraft system.
(4) Alcohol or drugs. No person may manipulate the flight controls of a small unmanned aircraft system, or act as a remote pilot in command, or a visual observer within eight hours after the consumption of any alcoholic beverage; while under the influence of alcohol; while using any drug that affects the person's faculties in a way contrary to safety; or while having an alcohol concentration of 0.04 or greater in a blood or breath specimen, in accordance with 14 C.F.R. § 107.27, 14 C.F.R. § 91.17 and California Public Utilities Codes § 21407.1, § 21415.
(a) Submission to testing related to alcohol or drugs. A person manipulating the flight controls of a small unmanned aircraft system or acting as a remote pilot in command or visual observer shall, upon request of a law enforcement officer, submit to a test to indicate the alcohol concentration in the blood or breath, or the presence of any drug in the blood, in accordance with 14 C.F.R. § 107.59, 14 C.F.R. § 91.17, and California Public Utilities Codes § 21407.2 and § 21252.
(b) Refusal of testing. The law enforcement officer requesting a person manipulating the flight controls of a small unmanned aircraft system or acting as a remote pilot in command or visual observer to submit to a chemical test of the blood, breath, or urine in accordance with this section, shall report any person manipulating the flight controls of a small unmanned aircraft system, or acting as a remote pilot in command, or visual observer refusing to submit to the chemical test to the Federal Aviation Administration for appropriate administrative action in accordance with 14 C.F.R. § 107.57, 14 C.F.R. § 107.59, 14 C.F.R. § 91.17, and California Public Utilities Codes § 21407.2.
(5) Operation of multiple unmanned aircraft. In accordance with 14 C.F.R. § 107.35, a person may not manipulate flight controls or act as a remote pilot in command or visual observer in the operation of more than one drone, unmanned aircraft, or small unmanned aircraft at the same time, unless the operation is in accordance with a valid operation waiver.
(6) Operation near aircraft. In accordance with 14 C.F.R. § 107.37, no person may operate a drone, unmanned aircraft, or small unmanned aircraft so close to another aircraft as to create a collision hazard. Each drone, unmanned aircraft, or small unmanned aircraft must yield the right of way to all aircraft, airborne vehicles, and launch and reentry vehicles. Yielding the right of way means that the drone, unmanned aircraft, or small unmanned aircraft must give way to the aircraft or vehicle and may not pass over, under, or ahead of it unless well clear.
(7) Interference with airports and heliports. In accordance with 14 C.F.R. § 107.43 and all other applicable federal regulations, no person may operate a drone, unmanned aircraft, or small unmanned aircraft in a manner that interferes with operations and traffic patterns at any airport or heliport.
(8) Operation in certain airspace. In accordance with 14 C.F.R. § 107.41, and all other applicable FAA regulations, no person may operate a drone, unmanned aircraft, or small unmanned aircraft in Class B, Class C, or Class D airspace or within the lateral boundaries of the surface area of Class E airspace designated for an airport unless that person has prior authorization from the applicable Air Traffic Control.
(a) Class B, C, D, and E airspace are defined under 14 C.F.R. § 71.
(9) Flight restrictions in the proximity of certain areas designated by notice to airmen. A person acting as a remote pilot in command must comply with the provisions of 14 C.F.R. § 91.137 through § 91.145 and 14 C.F.R. § 99.7.
(10) Carriage of hazardous materials. In accordance with 14 C.F.R. § 107.36, a drone, unmanned aircraft, or small unmanned aircraft may not carry hazardous material. For purposes of this section, the term “hazardous material” is defined in 49 C.F.R. § 171.8.
(11) Carriage of controlled substances and alcohol. No person may operate a drone, unmanned aircraft, or small unmanned aircraft with knowledge that narcotic drugs, marihuana, and depressant or stimulant drugs or substances as defined in Federal or State statutes are carried in, on, or by the drone, unmanned aircraft, or small unmanned aircraft, in accordance with 14 C.F.R. § 91.19 and 14 C.F.R. § 107.57. This section does not apply to any carriage of narcotic drugs, marihuana, and depressant or stimulant drugs or substances authorized by or under any Federal or State statute or by any Federal or State agency.
(12) Operation from a moving vehicle. In accordance with 14 C.F.R. § 107.25, no person may operate a drone, unmanned aircraft, or small unmanned aircraft from a moving aircraft, or from a moving land or water-borne vehicle unless:
(a) The small unmanned aircraft is flown over a sparsely populated area and is not transporting another person's property for compensation or hire; or
(b) The operation is done in compliance with a valid operation waiver.
(G) Operations over human beings. Except as provided in 14 C.F.R. § 107.39(a), § 107.39(b) and § 107.145, a remote pilot in command may conduct operations over human beings only in accordance with the following, as applicable: 14 C.F.R. § 107.110 for Category 1 operations; 14 C.F.R. § 107.115 and 14 C.F.R. § 107.120 for Category 2 operations; 14 C.F.R. § 107.125 and 14 C.F.R. § 107.130 for Category 3 operations; or 14 C.F.R. § 107.140 for Category 4 operations.
(1) Operation over human beings. Pursuant to 14 C.F.R. § 107.39, no person may operate a small unmanned aircraft over a human being unless:
(a) That human being is directly participating in the operation of the small unmanned aircraft; or
(b) That human being is located under a covered structure or inside a stationary vehicle that can provide reasonable protection from a falling small unmanned aircraft; or
(c) The operation meets the requirements of at least one of the operational categories specified in 14 C.F.R. § 107.100-165; or
(d) The operation is done in compliance with a valid operation waiver.
(2) Operation over human beings in moving vehicles. Pursuant to 14 C.F.R. § 107.145, no person may operate a small unmanned aircraft over a human being located inside a moving vehicle unless the following conditions are met:
(a) The operation occurs in accordance with § 107.110 for Category 1 operations; § 107.115 for Category 2 operations; § 107.125 for Category 3 operations; or § 107.140 for Category 4 operations.
(b) For an operation under Category 1, Category 2, or Category 3, the small unmanned aircraft, throughout the operation must remain within or over a closed- or restricted-access site, and all human beings located inside a moving vehicle within the closed- or restricted-access site must be on notice that a small unmanned aircraft may fly over them; or must not maintain sustained flight over moving vehicles.
(c) For a Category 4 operation, the small unmanned aircraft must have an airworthiness
certificate issued by the FAA and be operated in accordance with the operating limitations approved by the FAA.
(3) Category 1 operations - 14 C.F.R. § 107.110.
(a) A remote pilot in command must use a small unmanned aircraft that weighs 0.55 pounds or less on takeoff and throughout the duration of each operation under Category 1, including everything that is on board or otherwise attached to the aircraft, and does not contain any exposed rotating parts that would lacerate human skin upon impact with a human being.
(b) No remote pilot in command may operate a small unmanned aircraft in sustained flight over open-air assemblies of human beings unless the operation meets the requirements of either 14 C.F.R. § 89.110 or 14 C.F.R. § 89.115(a).
(4) Category 2 operations. In accordance with 14 C.F.R. § 107.120, to be eligible for use in Category 2 operations, the small unmanned aircraft must be designed, produced, or modified such that it meets all of the following requirements:
(a) Characteristi cs. In accordance with 14 C.F.R. § 107.120(a), the small unmanned aircraft will not cause injury to a human being that is equivalent to or greater than the severity of injury caused by a transfer of 11 foot-pounds of kinetic energy upon impact from a rigid object; does not contain any exposed rotating parts that would lacerate human skin upon impact with a human being; and does not contain any safety defects.
(b) Labeling. In accordance with 14 C.F.R. § 107.120(b)(1), the small unmanned aircraft must display a label on the small unmanned aircraft indicating eligibility to conduct Category 2 operations. The label must be in English and be legible, prominent, and permanently affixed to the small unmanned aircraft.
(c) Compliance. In accordance with 14 C.F.R. § 107.120(b)(2) and (3), the small unmanned aircraft must meet all of the requirements of 14 C.F.R. § 107.120(b) and have the necessary declaration of compliance.
(d) In accordance with 14 C.F.R. § 107.115, A remote pilot in command must use a small unmanned aircraft that is eligible for Category 2 operations pursuant to 14 C.F.R. § 107.120(a); and is listed on an FAA accepted declaration of compliance as eligible for Category 2 operations in accordance with 14 C.F.R. § 107.160; and is labeled as eligible to conduct Category 2 operations in accordance with 14 C.F.R. § 107.120(b)(1).
(e) Operation requirements. No remote pilot in command may operate a small unmanned aircraft in sustained flight over open-air assemblies of human beings unless the operation meets the requirements of either 14 C.F.R. § 89.110 or 14 C.F.R. § 89.115(a).
(5) Category 3 operations. In accordance with 14 C.F.R. § 107.130, to be eligible for use in Category 3 operations, the small unmanned aircraft must be designed, produced, or modified such that it meets all of the following requirements:
(a) Characteristi cs. In accordance with 14 C.F.R. § 107.130(a), the small unmanned aircraft will not cause injury to a human being that is equivalent to or greater than the severity of the injury caused by a transfer of 25 foot-pounds of kinetic energy upon impact from a rigid object; does not contain any exposed rotating parts that would lacerate human skin upon impact with a human being; and does not contain any safety defects.
(b) Labeling. In accordance with 14 C.F.R. § 107.130(b)(1), the small unmanned aircraft must display a label on the small unmanned aircraft indicating eligibility to conduct Category 3 operations. The label must be in English and be legible, prominent, and permanently affixed to the small unmanned aircraft.
(c) Compliance. In accordance with 14 C.F.R. § 107.130(b)(2) and (3), the small unmanned aircraft must meet all of the requirements of 14 C.F.R. 107.130(b) and have the necessary declaration of compliance.
(d) Operation requirements. In accordance with 14 C.F.R. § 107.125, to conduct Category 3 operations, a remote pilot in command must use a small unmanned aircraft that is eligible for Category 3 operations pursuant to § 107.130(a); is listed on an FAA-accepted declaration of compliance as eligible for Category 3 operations in accordance with § 107.160; and is labeled as eligible for Category 3 operations in accordance with § 107.130(b)(1).
(e) Operation limitations. In accordance with 14 C.F.R. § 107.125, to conduct Category 3 operations, a remote pilot in command must not operate the small unmanned aircraft over open-air assemblies of human beings; and may only operate the small unmanned aircraft above any human being if the operation is within or over a closed- or restricted-access site and all human beings located within the closed- or restricted-access site must be on notice that a small unmanned aircraft may fly over them; or the small unmanned aircraft does not maintain sustained flight over any human being unless that human being is directly participating in the operation of the small unmanned aircraft; or is located under a covered structure, or inside a stationary vehicle that can provide reasonable protection from a falling small unmanned aircraft.
(6) Labeling by remote pilot in command for Category 2 and Category 3 operations. In accordance with 14 C.F.R. § 107.135, if a Category 2 or Category 3 label affixed to a small unmanned aircraft is damaged, destroyed, or missing, a remote pilot in command must label the aircraft in English such that the label is legible, prominent, and will remain on the small unmanned aircraft for the duration of the operation before conducting operations over human beings. The label must correctly identify the category or categories of operation over human beings that the small unmanned aircraft is qualified to conduct in accordance with 14 C.F.R. § 107.100 through 14 C.F.R. § 107.165.
(7) Category 4 operations. In accordance with 14 C.F.R. § 107.140, to be eligible for use in Category 4 operations over human beings, the small unmanned aircraft must meet all of the following requirements:
(a) In accordance with 14 C.F.R. § 107.140(b), the small unmanned aircraft must have an airworthiness certificate issued by the FAA and be operated in accordance with the operating limitations approved by the FAA.
(b) In accordance with 14 C.F.R. § 107.140(b)(3) and 14 C.F.R. § 107.140(b)(c), the owner of the small unmanned aircraft must have maintenance, preventive maintenance, alterations, or inspections performed on the small unmanned aircraft in compliance with 14 C.F.R. § 107.140, and the owner must maintain all records of maintenance, preventive maintenance, and alterations performed on the aircraft.
(c) In accordance with 14 C.F.R. § 107.140(d), compliance with 14 C.F.R. § 43 and part 14 C.F.R. § 91.401 through 14 C.F.R. § 91.421, fulfills the requirements in paragraphs 14 C.F.R. § 107.140(b)(3) and 14 C.F.R. § 107.140(c).
(8) Operating in multiple categories. In accordance with 14 C.F.R. § 107.150, a small unmanned aircraft system may be eligible for one or more categories of operation over human beings under this subpart, as long as a remote pilot in command cannot inadvertently switch between modes or configurations.
(H) Night operations. In accordance with 14 C.F.R. § 107.29, no person may operate a small unmanned aircraft at night unless:
(1) The remote pilot in command of the small unmanned aircraft has completed an initial knowledge test or training, as applicable, under 14 C.F.R. § 107.65 after April 6, 2021; and
(2) The small unmanned aircraft has lighted anti-collision lighting visible for at least three statute miles that has a flash rate sufficient to avoid a collision. The remote pilot in command may reduce the intensity of, but may not extinguish, the anti-collision lighting if they determine that, because of operating conditions, it would be in the interest of safety to do so; or
(3) The person is operating under a valid operation waiver issued after May 17, 2021.
(I) Twilight operations. In accordance with 14 C.F.R. § 107.29, no person may operate a small unmanned aircraft during civil twilight unless:
(1) The small unmanned aircraft has lighted anti- collision lighting visible for at least three statute miles that has a flash rate sufficient to avoid a collision. The remote pilot in command may reduce the intensity of, but may not extinguish, the anti-collision lighting if they determine that, because of operating conditions, it would be in the interest of safety to do so.
(2) For purposes of this section, civil twilight is the 30 minutes before official sunrise and the 30 minutes after official sunset.
(J) Hazardous operation. In accordance with 14 C.F.R. § 107.15 and California Public Utilities Code § 21407, no person may:
(1) Operate a drone, unmanned aircraft, or small unmanned aircraft in a careless or reckless manner so as to endanger the life or property of another.
(2) Allow an object to be dropped from a drone, unmanned aircraft, or small unmanned aircraft in a manner that creates an undue hazard to persons or property.
(3) Hazardous operation of a drone, unmanned aircraft, or small unmanned aircraft includes any operation in violation of applicable federal, state, or local laws and regulations, including but not limited to, the operation of a drone, unmanned aircraft, or small unmanned aircraft without the required certification, registration, operation waiver, permit, written authorization, records, or other necessary documentation for the operation of the drone, unmanned aircraft, or small unmanned aircraft under the circumstances.
(4) In any proceeding charging operation of a drone, unmanned aircraft, or small unmanned aircraft in violation of this section, the court in determining whether the operation was careless or reckless, may consider the standards for safe operation of aircraft prescribed by federal statutes or regulations governing aeronautics.
(5) No person may continue flight of a drone, unmanned aircraft, or small unmanned aircraft when they know or have reason to know that the drone, unmanned aircraft, or small unmanned aircraft is no longer in a condition for safe operation.
(K) Invasion of privacy. No person may operate a drone, unmanned aircraft, or small unmanned aircraft in a manner that violates an individual's reasonable expectation of privacy, as set forth by all applicable state laws, or record or transmit any visual image, sound recording, or other physical impression of any person or private real property located in the City of Indio under circumstances in which the subject person or owner of the subject real property has a reasonable expectation of privacy, including, but not limited to, inside the premises or curtilage of a private residence, office, or hotel room, or inside an enclosed yard or exterior deck. (See California Civil Code § 1708.8 and § 3480)
(L) Interference with personnel at the scene of an emergency. In accordance with California Penal Code § 402, no person may operate a drone, unmanned aircraft, or small unmanned aircraft, within the City of Indio, in a manner that impedes the activities of police officers, firefighters, emergency medical, or other emergency personnel, or military personnel coping with an emergency in the course of their duties during the time it is necessary for emergency vehicles or those personnel to be at the scene of the emergency or to be moving to or from the scene of the emergency for the purpose of protecting lives or property, unless it is part of the duties of that person's employment to operate a drone, unmanned aircraft, or small unmanned aircraft to view that scene or those activities.
(M) Weapons. No person may operate a drone, unmanned aircraft, or small unmanned aircraft, within the City of Indio, that contains, or has affixed or attached to it, hazardous materials, a weapon, a firearm, a bb device, an explosive, a device, or container assembled for the purpose of causing an explosion, or any other item that may be used as a weapon.
(N) Public areas. No person may operate a drone, unmanned aircraft, or small unmanned aircraft, within the City of Indio, over any public street, park, sidewalk, hiking trail, railway, parking lots or any other public areas in the City of Indio where people or vehicles travel or gather, unless the operation is in accordance with all applicable federal, state, and local regulations.
(O) Private property. No person may operate a drone, unmanned aircraft, or small unmanned aircraft above any private property unless:
(1) The operation is conducted in compliance with the express written consent of the property owner, or if the property is being rented, with the express written consent of the current tenant of the property.
(2) Any operation of a drone, unmanned aircraft, or small unmanned aircraft over private property must comply with all applicable federal, state, and local regulations.
(P) Commercial property. No person may operate a drone, unmanned aircraft, or small unmanned aircraft above any commercial property unless:
(1) The operation is conducted with the express written consent of the property owner, or if the property is being rented, with the express written consent of the current tenant of the property.
(2) Any operation of a drone, unmanned aircraft, or small unmanned aircraft over commercial property must comply with all applicable federal, state, and local regulations.
(Q) Injury. Any person who causes injury to another person while operating a drone, unmanned aircraft, or small unmanned aircraft shall comply with all applicable federal, state, and local laws and regulations, including but not limited to the following:
(1) The operator shall notify the Indio Police Department of the injury within 24 hours of the incident.
(2) The operator shall give the operator's name and current residential address to the City's Police Department and shall also present a valid and unexpired form of identification issued by the United States federal government, a state government, or foreign government.
(3) The operator shall render to any person injured during the incident reasonable assistance, including transporting, or making arrangements for transporting, any injured person to a physician, surgeon, or hospital for medical or surgical treatment if it is apparent that treatment is necessary or if that transportation is requested by any injured person.
(4) Each failure to report injury to another person as required by this section shall constitute a separate violation of this Chapter.
(5) Compliance with this section does not constitute compliance with any other reporting requirements or mandatory duties required under federal, state, or local laws and regulations. It is the responsibility of all persons involved in any operation of a drone, unmanned aircraft, or small unmanned aircraft to ensure they are in compliance with all applicable legal duties that may be applicable to their role in the operation of any drone, unmanned aircraft, or small unmanned aircraft.
(R) Property damage. Any person who causes damage to the property of another person while operating a drone, unmanned aircraft, or small unmanned aircraft shall comply with all applicable federal, state, and local laws and regulations, including but not limited to the following:
(1) The operator of the drone, unmanned aircraft, or small unmanned aircraft shall immediately locate and notify the owner or person in charge of the damaged property; and
(2) Provide the owner or person in charge of the damaged property the full name and address of the operator and owner of the drone, unmanned aircraft, or small unmanned aircraft involved; and
(3) Upon request, the operator of the drone, unmanned aircraft, or small unmanned aircraft shall also present the owner or person in charge of the damaged property all of the following applicable information:
(a) The operator's remote pilot certificate; or
(b) Proof the operator has passed an aeronautical knowledge and safety test described in subsection 49 U.S.C. § 44809(g); or
(c) A valid operation waiver; or
(d) Other documentation authorizing the operation of the drone, unmanned aircraft, or small unmanned aircraft involved; and
(e) The registration and identification information of the drone, unmanned aircraft, or small unmanned aircraft involved; and
(f) A valid and unexpired form of identification issued by the United States federal government, a state government, or foreign government.
(g) The information presented shall include the current residence address of the operator and owner of the drone, unmanned aircraft, or small unmanned aircraft involved.
(4) If the operator of the drone, unmanned aircraft, or small unmanned aircraft is unable to locate and notify the owner or person in charge of the damaged property they shall leave in a conspicuous place on the property damaged a written notice giving the name and address of the operator and of the owner of the drone, unmanned aircraft, or small unmanned aircraft involved and a statement of the circumstances thereof. The operator must also provide this information to the City's Police Department within 24 hours of the incident.
(5) The operator of the drone, unmanned aircraft, or small unmanned aircraft shall take reasonable steps to determine the value of the damage and if the value of the damage to the property involved exceeds $1,000, the operator shall notify the City's Police Department within 24 hours of determining, or being informed of, the value of the damage.
(6) Each failure to report an incident of property damage as required by this section shall constitute a separate violation of this Chapter.
(7) Compliance with this section does not constitute compliance with any other reporting requirements or mandatory duties required under federal, state, or local laws and regulations. It is the responsibility of all persons involved in any operation of a drone, unmanned aircraft, or small unmanned aircraft to ensure they are in compliance with all applicable legal duties that may be applicable to their role in the operation of any operation of a drone, unmanned aircraft, or small unmanned aircraft.
(S) No Fly proclamations. The City Manager, the Chief of Police, the Fire Chief, or their respective designees may issue "No Fly" proclamations prohibiting drone, unmanned aircraft, or small unmanned aircraft operations in the City of Indio as necessary to protect public safety. No Fly proclamations shall specify the locations, dates, and times that drone, unmanned aircraft, or small unmanned aircraft operations are prohibited and shall be posted on the City's website, at City Hall, and at the Police Department. Operators of drones, unmanned aircraft, or small unmanned aircraft are required to verify whether a No Fly proclamation is in effect prior to initiating drone, unmanned aircraft, or small unmanned aircraft operations. No Fly proclamations may be imposed citywide or limited to certain areas and may be in effect for certain times or for certain dates in their entirety, as necessary to protect public safety. It is a violation to operate a drone, unmanned aircraft, or small unmanned aircraft during No Fly hours, or to fail to immediately cease drone, unmanned aircraft, or small unmanned aircraft operations after being notified by law enforcement or an agent of a public safety agency that a No Fly restriction is in effect.
(Ord. 1731, passed 3-7-18; Am. Ord. 1790, passed 2-15-23)