Chapter 8.30
UNMANNED AIRCRAFT SYSTEMS
Sections:
8.30.010 Purpose and findings.
8.30.030 Local regulations of UAS.
8.30.040 No reckless endangerment.
8.30.050 Time, place, and manner restrictions.
8.30.010 Purpose and findings.
The operation of unmanned aircraft systems (UAS), commonly known as drones, can at times pose a hazard to full-scale aircraft in flight and to persons and property on the ground. Imposing community-based safety requirements and restrictions on the operation of UAS that do not preempt federal aviation rules or authority, or state law, is necessary to mitigate such risks and to protect the public from the hazards associated with the operation of UAS. [Ord. 2018-201 § 3].
8.30.020 Definitions.
For the purposes of this chapter, the following words and phrases shall have the meaning set forth, unless another or different meaning is clearly intended from the context in which the phrase or words are used.
“Drone” refers to any UAS.
“FAA” means the Federal Aviation Administration.
“Person” means any individual, partnership, corporation, or joint venture.
“Public UAS” means a UAS that is used or operated on behalf of any government agency that meets the qualifications as defined in Section 40102 of Title 49 of the United States Code to operate a public aircraft.
“Unmanned aircraft system (UAS)” means an aircraft without a human pilot on board, that is controlled from an operator on the ground, and operates without the possibility of direct human intervention from within or on the aircraft.
“Weapon” means any instrument, article or substance that, under the circumstances in which it is used, attempted to be used or threatened to be used, is readily capable of causing death or serious physical injury. [Ord. 2018-201 § 3].
8.30.030 Local regulations of UAS.
A. No person shall takeoff or land a UAS within 25 feet of another individual, except the operator or the operator’s designee
B. No person shall takeoff or land a UAS on private property without the consent of the property owner.
C. No person shall takeoff or land a UAS during permitted public events unless granted written or electronic permission by the city.
D. No person shall takeoff or land a UAS within 1,500 horizontal feet of any aircraft.
E. No person shall takeoff or land a UAS that has any type of weapon attached to it. [Ord. 2018-201 § 3].
8.30.040 No reckless endangerment.
No person shall takeoff or land a UAS in a reckless manner so as to create a substantial risk of serious physical injury to any person or substantial risk of damage to the property of another. [Ord. 2018-201 § 3].
8.30.050 Time, place, and manner restrictions.
A. No person shall takeoff or land a UAS within 500 feet of any emergency vehicle that is operating with lights and/or sirens.
B. No person shall takeoff or land a UAS within 500 feet of any active law enforcement or emergency response incident.
C. No person shall takeoff or land a UAS in violation of any temporary flight restriction or notice to airmen issued by the FAA.
D. No person shall takeoff or land a UAS within 100 feet of a school facility without prior notification and authorization of school officials.
E. No person shall takeoff or land a UAS within 500 feet of any county or city-owned jails, holding facilities, law enforcement facility, or within 100 feet of any designated publicly owned building chosen by the city, including, without limitation, City Hall.
F. No person shall operate a UAS and thereby delay, obstruct, or impede any peace officer, firefighter, emergency rescue personnel, or emergency medical technician, as defined in Division 2.5 of the California Health and Safety Code (commencing with Section 1797), in the discharge or attempt to discharge of any duty of his or her office or employment.
G. No person shall operate a UAS over any public school or any private school serving more than 200 students and their related facilities during school hours and school-sponsored events without prior notification and authorization of school officials. UASs may only be operated over public schools or any private school serving more than 200 students and their related facilities before or after school hours, on weekends, and during school-recognized holidays and closures when no school-sponsored events are occurring. During times when UASs are operated over public schools or any private school serving more than 200 students and their related facilities, UASs shall not be equipped with a camera or any video recording device.
H. No person shall operate a UAS in a harassing manner or in a manner that intrudes upon another person’s privacy. For the purpose of this subsection, operating a UAS within 10 feet of another person who is not participating in the UAS’s operation shall be deemed to be harassing or intruding upon another person’s privacy. [Ord. 2018-201 § 3].
8.30.060 Exemptions.
A. This chapter shall not apply to any public UAS.
B. This chapter shall not apply to any UAS weighing less than 0.55 pounds. [Ord. 2018-201 § 3].