§ 105.05 EXEMPTIONS.
   (A)   In accordance with 14 C.F.R. § 48.15 and 49 U.S.C.A. § 44809, a person may operate a drone or unmanned aircraft in the City of Indio without specific certification or operating authority from the Federal Aviation Administration if the operation adheres to all of the following limitations:
      (1)   The aircraft weighs 0.55 pounds (250 grams) or less on takeoff, including everything that is on board or otherwise attached to the aircraft.
      (2)   The aircraft is flown strictly for recreational purposes.
      (3)   The aircraft is operated in accordance with or within the programming of a community-based organization's set of safety guidelines that are developed in coordination with the Federal Aviation Administration.
      (4)   The aircraft is flown within the visual line of sight of the person operating the aircraft or a visual observer co-located and in direct communication with the operator.
      (5)   The aircraft is operated in a manner that does not interfere with and gives way to any manned aircraft.
      (6)   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, the operator obtains prior authorization from the Administrator or designee before operating and complies with all airspace restrictions and prohibitions.
      (7)   In Class G airspace, the aircraft is flown from the surface to not more than 400 feet above ground level and complies with all airspace restrictions and prohibitions.
      (8)   The operator has passed an aeronautical knowledge and safety test described in subsection 49 U.S.C. § 44809(g) and maintains proof of test passage to be made available to the Administrator or law enforcement upon request.
   (B)   Drone or unmanned aircraft operations that do not comply with all of the requirements in this section must comply with all federal, state, and local laws and regulations generally applicable to drones, unmanned aircraft, and small unmanned aircraft, including but not limited to registration requirements, and obtaining operating authority from the Federal Aviation Administration.
   (C)   The provisions of this Chapter shall not apply to any drone, unmanned aircraft, or small unmanned aircraft that is used or operated on behalf of the City or any law enforcement, public safety, or government agency in compliance with all applicable federal, state, and local laws and regulations.
   (D)   The provisions of this Chapter shall not apply to any aircraft that is used or operated on behalf of the Armed Forces of the United States.
(Ord. 1731, passed 3-7-18; Am. Ord. 1790, passed 2-15-23)