[Adopted 9-9-2015 by L.L. No. 29-2015]
This Legislature hereby finds and determines that the County of Suffolk is responsible for protecting the safety and welfare of its 1.5 million residents. This Legislature finds that the County, through its Department of Parks, Recreation and Conservation, owns and operates several parks which are frequented by members of the public. This Legislature also finds that advances in technology allow individuals to purchase and operate unmanned aerial vehicles (UAVs), which are controlled via remote control and can fly significant distances. This Legislature further finds that the use of UAVs has been growing in popularity and that members of the public wish to engage in this activity in Suffolk County owned parks. This Legislature determines that the safety of the public entering into Suffolk County parks is of utmost importance. This Legislature further determines that in order to better protect the public and ensure the safe use of UAVs operated upon Suffolk County owned parks, the County should institute a permitting process for UAVs launching from or landing in Suffolk County parks. Therefore, the purpose of this article is to set forth a permitting process to ensure the safe and recreational use of UAVs in Suffolk County parks where UAVs have been deemed to be an appropriate and safe activity.
As used in this article, the following terms shall have the meaning indicated:
AIRCRAFT
A device that is used or intended to be used for flight in the air.
COMMISSIONER
The Commissioner of the Suffolk County Department of Parks, Recreation and Conservation.
DEPARTMENT
The Suffolk County Department of Parks, Recreation and Conservation.
OPERATE or OPERATING
To launch, land, or fly.
PERSON
Any natural individual, firm, partnership, association, corporation, company or other business or organization of any kind.
SUFFOLK COUNTY PARK
All public parks, beaches, wetlands, playgrounds, athletic fields, recreation centers, marinas, golf courses, open spaces and areas publicly owned and acquired for the conservation of natural resources and the enjoyment thereof by the residents of the County of Suffolk, including all buildings, structures, equipment and appurtenances located thereon, also entrances and approaches thereto and streets or roads in or through such park or parks and parts thereof, but not including any town, village, County or state highway, and such other rights and appurtenances as the Department shall utilize for its purposes, whether the same is now or hereafter owned or acquired in fee or otherwise by the County or under the care and control of the County by lease or otherwise for park, recreation and conservation purposes, not including canals, canal locks and waterways, channels and other County-owned or leased facilities placed under the jurisdiction of the Department of Public Works as provided in Article VIII of the Suffolk County Charter.
UNMANNED AERIAL VEHICLE
An unmanned, powered aircraft that:
A. 
Does not carry a human operator; and
B. 
Can be autonomous or remotely piloted or operated.
UNMANNED AERIAL VEHICLE PERMIT
A permit issued by the Department allowing the launching and landing of an unmanned aerial vehicle from a Suffolk County park.
No person shall launch or land an unmanned aerial vehicle from or in any Suffolk County park without a permit issued by the Department in accordance with this article.
The prohibitions established in this article shall not apply to:
A. 
Unmanned aerial vehicles used by the federal government or the New York State government or a person who is using an unmanned aerial vehicle to provide contracted services to the federal government or the New York State government;
B. 
Unmanned aerial vehicles used by a local police department;
C. 
Persons, businesses or organizations who or which use unmanned aerial vehicles to provide contracted services to the County of Suffolk; and
D. 
Persons who hold an active media press pass issued by the Police Departments of Nassau County, Suffolk County or New York City.
A. 
A person may only operate an unmanned aerial vehicle in those Suffolk County parks designated by the Department and only within the areas of such designated Suffolk County park as may be authorized by the Department. Prior to May 1, 2016, the Department shall set forth a list of all designated Suffolk County parks and the authorized areas within those Suffolk County parks in which unmanned aerial vehicles may be operated. This list shall be kept current and maintained on the Suffolk County website.
B. 
Any person operating an unmanned aerial vehicle on County property must fly such vehicle within such person's visual line of sight.
A. 
The Commissioner is authorized and empowered to issue unmanned aircraft vehicle permits in accordance with this article.
B. 
The Commissioner shall have the power to promulgate rules and regulations not inconsistent with the provisions of this article as may be necessary with respect to the form and content of applications for unmanned aerial vehicle permits, provided that the Commissioner first hold two public hearings prior to February 1, 2016, in order to receive input from the public regarding the establishment of an unmanned aerial vehicle permitting process, including which County parks are appropriate to allow such permits to be utilized. One such public hearing shall be held in Hauppauge, New York and one public hearing shall be held in Riverhead, New York at the Riverhead County Center.
C. 
Unmanned aerial vehicle permits shall be valid for one year from the date of issuance. The yearly fee for the unmanned aerial vehicle permit shall be determined by the Department.
D. 
All unmanned aerial vehicle permit applications shall be submitted in writing on forms furnished by the Department.
A. 
No fine may be imposed for a violation of this article nor any permit suspended or revoked until after a hearing has been held before the Commissioner or Commissioner's designee. Such hearing shall be held upon at least seven business days' notice to the person. Notice of such hearing shall be served either personally or by certified mail, return receipt requested, to the last known address of the person and shall state the date and place of the hearing as well as enumerate the grounds constituting the allegations against such person. The person may be represented by counsel and may produce witnesses in his/her/its own behalf. A record of the hearing shall be taken and preserved. For purposes of such hearing, the Commissioner or the Commissioner's designee may administer oaths, take testimony, subpoena witnesses and compel the production of books, papers, records or other documents deemed pertinent to the subject of the hearing.
B. 
The Commissioner shall have the power to suspend or revoke such permit or to deny an application for such permit or for renewal of such permit based upon finding of a violation after a hearing held in accordance with this article.
The provisions of this article shall be enforced by the Suffolk County Department of Parks, Recreation and Conservation and the Suffolk County Police Department.
A. 
Civil penalty. A person violating this article shall be subject to a civil penalty of no less than $250 per violation nor more than $500 per violation. Such civil penalties may be recovered after a hearing on written notice as set forth in this article. Such civil penalty shall be in addition to any other penalty imposed by federal, local, or state law pertaining to the use of unmanned aerial vehicles.
B. 
Criminal penalty. In addition to any civil penalties imposed pursuant to this article, any person who shall launch, land or operate an unmanned aerial vehicle in violation of this article shall be guilty of a misdemeanor and, upon conviction, shall be subject to a fine of not more than $5,000 or imprisonment for not more than one year, or both. Each such violation shall be deemed a separate offense.
This article shall not be construed to allow for activity that is not permitted pursuant to any federal statutes, rules or regulations governing the use of air space subject to the jurisdiction of the Federal Aviation Administration.
This article shall apply to all actions occurring on or after the effective date of this article.
This article shall take effect 60 days following its filing in the Office of the Secretary of State.