(a) As used in this section:
(1) “Unmanned aircraft” means an aircraft, vehicle, or device of any size that is capable of remote-control flight or that is operated without the possibility of human intervention from within or on the aircraft.
(2) “Unmanned Aerial Vehicle” (hereinafter referred to collectively as “UAVs” or individually as a “UAV”), commonly known as a “drone” and also referred to as an unpiloted aerial vehicle and a remotely piloted aircraft (RPA) by the International Civil Aviation Organization (ICAO), means an unmanned aircraft and associated elements, including without limitation communication links, cameras, and components, controlled autonomously by onboard computers or by the remote control of a pilot on the ground or in another vehicle, or by a geographic positions system (GPS) guided autopilot mechanism.
(b) UAVs are prohibited from flying in any airspace below four hundred (400) feet within or over the corporation limits of the Village of McDonald, Ohio, and from landing and taking off within the corporation limits of the Village of McDonald, Ohio, unless otherwise exempt under this section.
(c) This section shall not prohibit the use of UAVs by any law enforcement agency of the Village of McDonald, Ohio, or any State or Federal government agency for lawful purposes and in a lawful manner.
(d) This section shall not prohibit the use of UAVs by any individual or entity who or which obtains written permission from the Village of McDonald, Ohio, prior to operating a UAV within the corporation limits of the Village of McDonald, Ohio, subject to the following conditions:
(1) An individual or entity must obtain written permission to operate a UAV within and/or to land or take off a UAV within the corporation limits of the Village of McDonald, Ohio. Any individual or entity seeking written permission shall submit a written request to the Mayor, which request identifies the owner of the UAV, identifies the operator of the UAV, states the specific purpose for the operation of the UAV, states the proposed location of the UAV, and states the specific date(s) and time(s) for the proposed operation of the UAV;
(2) The Mayor or the Mayor’s designee may grant or deny permission to said individual or entity, restrict or limit the permission to any degree, scope, by date or by times, and/or impose rules and requirements, all as determined by the Mayor or the Mayor’s designee in his or her sole discretion;
(3) The Village of McDonald, Ohio, reserves the right to revoke any permission granted to an individual or entity for any reason or no reason;
(4) Any individual or entity obtaining written permission to operate a UAV shall be liable for any and all claims or damages caused by or from the operation of a UAV within the Village corporation limits. Said individual or entity shall execute a release and indemnity agreement in the form approved by the Village Solicitor prior to any operation of a UAV; and
(5) Said individual or entity shall follow all restrictions, limitations, rules and/or requirements stated in the written permission.
(e) Any person who violates this section is guilty of a misdemeanor of the first (1st) degree and shall be fined not more than one thousand dollars ($1,000.00) or imprisoned not more than one hundred eighty (180) days, or both, for each offense.
(f) Should any provision, paragraph, sentence or word of this section be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, paragraphs, sentences or words of this section as hereby adopted shall remain in full force and effect.
(Ord. 3181-15. Passed 11-4-15.)