(A) Any drone, unmanned aircraft, or small unmanned aircraft operated in violation of any provision of this Chapter is hereby declared to be a public nuisance.
(B) Any unmanned aircraft system, or small unmanned aircraft system operated in violation of any provision of this Chapter is hereby declared to be unlawful and a public nuisance.
(C) Any party who engages in a violation of this Chapter, or who owns, possesses, manages, controls, operates, or has charge of any drone, unmanned aircraft, or small unmanned aircraft in violation of this Chapter, shall be subject to the penalties and remedies provided by this Chapter.
(D) Any violation of this Chapter shall constitute a separate offense for each and every day the violation occurs or persists.
(E) Any person in violation of any provision of this Chapter shall be guilty of a misdemeanor and shall be punishable by a fine of up to $1,000 and by imprisonment of up to six months in jail.
(F) Any person in violation of any provision of this Chapter shall be punishable by an administrative fine of up to $1,000 per offense per day.
(G) Any intentional injury or property damage caused while operating a drone, unmanned aircraft, or small unmanned aircraft, that is otherwise in compliance with the applicable provisions of this chapter and all other applicable federal, state, and local laws and regulations, shall constitute a violation of this chapter.
(H) Any injury or property damage caused while operating a drone, unmanned aircraft, or small unmanned aircraft, that is not in compliance with the applicable provisions of this chapter and all other applicable federal, state, and local laws and regulations, shall constitute a violation of this chapter.
(I) Upon any violation of this Chapter, the City Manager's Designee, any Emergency Responder, or any other law enforcement officer (collectively "Officer") shall be authorized to use reasonable force in the course of the lawful performance of their duties to cause any violating drone, unmanned aircraft, or small unmanned aircraft to land on the ground. Neither the City, nor the Officers involved, shall be liable for any damage to a drone, unmanned aircraft, or small unmanned aircraft caused by an Officer if such damage was reasonably necessary to the enforcement of this Chapter. (See California Penal Code § 402, California Government Codes § 820.2, § 853 and § 853.1)
(J) Neither the City, nor any Emergency Responders involved, shall be liable for any damage to any drone, unmanned aircraft, or small unmanned aircraft caused by an Emergency Responder while performing emergency services if such damage was reasonably necessary to ensure unhindered performance of emergency services. (See California Government Codes § 820.2, § 853 and § 853.1)
(K) Any drone, unmanned aircraft, or small unmanned aircraft found to be operated in violation of this Chapter may be impounded and held as evidence in any enforcement proceeding, including a proceeding brought under this Chapter. Any impounded drone, unmanned aircraft, or small unmanned aircraft will be returned at the conclusion of any enforcement proceeding upon payment to the City of an impound fee as set forth by separate resolution.
(L) The expenses of seizing, eradicating, destroying, or taking remedial action with respect to any impounded drone, unmanned aircraft, or small unmanned aircraft shall be recoverable from the owner and operator of the drone, unmanned aircraft, or small unmanned aircraft. Proof of liability for any forfeiture petition under this Chapter shall be by a preponderance of the evidence.
(M) These penalties and remedies are cumulative, and in addition to any other penalties and remedies available to the City.
(Ord. 1731, passed 3-7-18; Am. Ord. 1790, passed 2-15-23)