SEC. 32.1602. UNMANNED AIRCRAFT SYSTEMS – TEMPORARY AREA RESTRICTIONS.

   (a)   No Person shall launch, land or operate a UAS as follows:

      (1)   From within an area that is subject to a Temporary Area Restriction issued pursuant to San Diego County Code of Regulatory Ordinances Section 32.1501; or

      (2)   From within an area that is within three miles from the perimeter of an area that is subject to a Temporary Area Restriction issued pursuant to San Diego County Code of Regulatory Ordinances Section 32.1501; or

      (3)   When the Sheriff or Sheriff's designee has reasonably determined that the launching, landing or operation of the UAS is interfering with, or will interfere with, emergency operations.

   (b)   Subdivision (a) of this section shall only be enforced after the Sheriff or Sheriff's designee has advised the Person launching, landing or operating the UAS of the existence of any relevant conditions set forth in subdivision (a) and the Person is given a reasonable opportunity to return the UAS to the Person's location.

   (c)   Duly authorized news media representatives may launch, land and operate a UAS within the areas set forth in subdivision (a), paragraphs (1) and (2), unless the Sheriff or Sheriff's designee has reasonably determined that the launching, landing or operation of the UAS is interfering with, or will interfere with, emergency operations. If the Sheriff or Sheriff's designee has made such reasonable determination, the Sheriff may restrict the launching, landing and operation of UAS pursuant to this section to the extent necessary to prevent interference with emergency operations.

(Added by Ord. No. 10501 (N.S.), effective 10-10-17)

SEC. 32.1603. UNMANNED AIRCRAFT SYSTEMS – FIRES.

   (a)   No person shall launch, land or operate a UAS as follows:

      (1)   From within three miles of a fire that is reasonably visible from the location at which the Person is launching, landing or operating the UAS; or

      (2)   When the Sheriff or Sheriff's designee, the Unit and County Fire Chief, or the Unit and County Fire Chief's designee, has reasonably determined that the launching, landing or operation of the UAS from the Person's location is interfering with, or will interfere with, emergency operations.

      (3)   If a Temporary Flight Restriction has been requested or implemented with respect to the fire to which this section is being applied, the request for, or implementation of, the TFR is deemed to function as the reasonable determination that operation of a UAS will interfere with emergency operations.

   (b)   Subdivision (a) shall only be enforced after the Sheriff or Sheriff's designee, the Unit and County Fire Chief, or the Unit and County Fire Chief's designee, has advised the Person launching, landing or operating the UAS of the existence of any relevant conditions set forth in subdivision (a) and the Person is given a reasonable opportunity to return the UAS to the Person's location.

   (c)   Duly authorized news media representatives may launch, land and operate a UAS within the area set forth in subdivision (a), paragraph (1), unless the Sheriff or Sheriff's designee, the Unit and County Fire Chief, or the Unit and County Fire Chief's designee, has reasonably determined that the launching, landing or operation of the UAS is interfering with, or will interfere with, emergency operations. If the Sheriff or Sheriff's designee, the Unit and County Fire Chief, or the Unit and County Fire Chief's designee, has made such reasonable determination, the Sheriff or Sheriff's designee, the Unit and County Fire Chief, or the Unit and County Fire Chief's designee, may restrict the launching, landing and operation of UAS pursuant to this section to the extent necessary to prevent interference with emergency operations.

(Added by Ord. No. 10501 (N.S.), effective 10-10-17)

SEC. 32.1604. PENALTIES; SEVERABILITY.

   (a)   It shall be unlawful for any Person to violate or fail to comply with this Chapter.

   (b)   Any Person violating the provisions of this Chapter shall be guilty of a misdemeanor pursuant to section 11.116 of this Code.

   (c)   Nothing in this Chapter is intended to relieve any Person of criminal liability pursuant to any other law.

   (d)   If any part of this section is for any reason held to be invalid, unlawful, or unconstitutional, such invalidity, unlawfulness or unconstitutionality shall not affect the validity, lawfulness, or constitutionality of any other part of this section.

(Added by Ord. No. 10501 (N.S.), effective 10-10-17)