(A) Definitions. For purposes of this chapter, the following words and phrases shall have the following meanings.
UNMANNED AIRCRAFT. An aerial vehicle that:
(a) Does not carry a human operator and is operated without the possibility of direct human intervention from within or on the aircraft;
(b) Uses aerodynamic forces to provide vehicle lift;
(c) Can fly autonomously or be piloted remotely; and
(d) Can be expendable or recoverable.
UNMANNED AIRCRAFT SYSTEMS (UAS). An unmanned aircraft and associated elements (including communication links and the components that control the unmanned aircraft) that are required for the pilot in command to operate safely and efficiently in the national airspace system. To be part of a UAS, the unmanned aircraft must be capable of sustained flight in the atmosphere;
(a) Flown within the visual line of sight of the person operating the aircraft; and
(b) Flown for hobby or recreational purposes.
VISUAL OBSERVER. A person who is designated by the operator of an unmanned aircraft system to assist the operator to see and avoid other air traffic or objects aloft or on the ground.
(B) All operators of unmanned aircraft systems shall adhere to applicable federal and state regulations, rules, and laws regarding their use, and as may be amended from time to time, and implemented thereafter.
(1) https://www.faa.gov/uas/media/Sec_ 331_336_UAS.pdf - The original regulation which addresses sUAS entering controlled airspace.
(2) https://www.gpo.gov/fdsys/pkg/CFR-2018-title14-vol2/xml/CFR-2018-title14-vol2- part101.xml - Federal law regulating model aircraft and hobby drones.
(3) https://www.gpo.gov/fdsys/pkg/CFR-2018- title14-vol2/xml/CFR-2018-title14-vol2- part107.xml//seqnum107.205 - Federal law regulating commercial uses of drones.
(C) The unmanned aircraft system must remain within visual line of sight of the operator of the unmanned aircraft system. Alternatively, the unmanned aircraft must remain within the visual line of sight of a visual observer, provided that the operator of the unmanned aircraft system and the visual observer maintain effective communication with each other always.
(D) Operators of unmanned aircraft systems shall not intentionally operate unmanned aircraft systems over persons unprotected by shelter or moving vehicles, or within 25 feet from any person, building, or vehicle.
(E) Operators of unmanned aircraft systems shall not operate an unmanned aircraft system in adverse weather conditions, such as in high winds or reduced visibility.
(F) Operators of unmanned aircraft systems shall not operate an unmanned aircraft system, nor shall a visual observer observe the operation of an unmanned aircraft system, under the influence of alcohol or controlled substances.
(G) Operators of unmanned aircraft systems shall ensure the operating environment is safe and shall not operate unmanned aircraft systems in a reckless or negligent manner so as to endanger the life or property of another or constitute an unreasonable interference with enjoyment of life, quiet, comfort, or outdoor recreation of an individual or individuals of ordinary sensitivity or habits.
(H) Operators of unmanned aircraft systems shall not without the consent of the owner of the property, public utility, or appropriate governmental entity operate an unmanned aircraft system within 25 feet of or over sensitive infrastructure or property, such as power stations, utility lines, water treatment facilities, correctional facilities, streets or highways with a speed limit of 35 miles per hour or more, government facilities, or other public utility facilities.
(I) It shall be unlawful to knowingly operate an unmanned aircraft system directly over the private property of another without the property owner's consent, if such operation of the unmanned aircraft system:
(1) Enters into the immediate reaches of the air space next to private property and
(2) If it interferes substantially with the property owner's use and enjoyment of his or her property.
(J) All unmanned aircraft systems shall be limited to daylight-only operations, or civil twilight (30 minutes before official sunrise to 30 minutes after official sunset, local time).
(K) Except as may be otherwise expressly permitted by federal or state law, it shall be unlawful to operate any unmanned aircraft systems weighing in excess of 55 pounds (25 kilograms) in the city.
(L) The City Administrator is hereby authorized to promulgate policies and procedures for the operation of unmanned aircraft systems upon and over property owned or controlled by the city, consistent with this chapter. Such policies and procedures shall provide for reasonable restrictions on the time, place, and manner in which a person may land, launch, or otherwise operate an unmanned aircraft system so as not to interfere with the health, safety, and welfare of city residents. Such restrictions may not place an undue burden on recreational or commercial operation of unmanned aircraft systems. Such policies and procedures may require certain conditions be fulfilled prior to the take-off, landing, or operation of an unmanned aircraft system from certain designated properties owned or controlled by the city.
(Ord. 4050, passed 8-6-2018)
Cross-reference:
Constructive invasion of privacy, § 132.02