Township of Willistown, PA
Chester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Supervisors of the Township of Willistown 6-20-2016 by Ord. No. 8-2016. Amendments noted where applicable.]
GENERAL REFERENCES
Weapons — See Ch. 135.
Zoning — See Ch. 139.

§ 128-1 Definitions.

When used in this chapter the following words, terms and phrases shall have the following meanings, unless expressly stated otherwise or unless the context clearly indicates otherwise:
AMATEUR ROCKET
Pursuant to Title 14, Chapter 1, Subchapter F, Part 101, Subpart C of the Code of Federal Regulations, as may be amended from time to time, an unmanned rocket of the following classes:
A. 
Model Rocket that: uses no more than 125 grams (4.4 ounces) of propellant; uses a slow burning propellant; is made of paper, wood, or breakable plastic; contains no substantial metal parts, and weighs no more than 1,500 grams (53 ounces), including propellant.
B. 
High-power rocket, other than a model rocket, that is propelled by a motor or motors having a combined total impulse of 40,960 Newton-seconds (9,208 pound-seconds) or less.
C. 
Advanced high-power rocket other than a model rocket or high-power rocket.
BOARD
The Board of Supervisors of Willistown Township.
MODEL AIRCRAFT
Any unmanned aircraft, including without limitation, model airplanes, remote controlled aircraft and drones and the equipment associated with such unmanned aircraft systems.
OPERATOR
Any person controlling or otherwise operating an unmanned aircraft system, model aircraft or amateur rocket.
OWNER
Any person owning, leasing, occupying, or having charge of any property within the Township.
PERSON
Any individual, association, public or private corporation for profit or not-for-profit, partnership, firm, trust, estate or any other legal entity whatsoever which is recognized by law as the subject of rights and duties.
PUBLIC NUISANCE
The unreasonable, unwarrantable, or unlawful use of public or private property which causes injury, damage, inconvenience, annoyance, or discomfort to any person in the legitimate enjoyment of that person's property.
TOWNSHIP
The Township of Willistown.
UNMANNED AIRCRAFT
Pursuant to Section 331 of the FAA Modernization and Reform Act of 2012, as may be amended from time to time, an aircraft that is operated without the possibility of direct human intervention from within or on the aircraft.
UNMANNED AIRCRAFT SYSTEM (UAS)
Pursuant to Section 331 of the FAA Modernization and Reform Act of 2012, as may be amended from time to time, 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.

§ 128-2 Regulation of model aircraft, amateur rockets, and unmanned aircraft systems.

A. 
No person shall operate a model aircraft, amateur rocket, unmanned aircraft system, or other flying object of a similar nature at an elevation of less than 200 feet over property not owned by the operator without the permission of the property owner.
B. 
Permission from the owner shall be in writing specifying the name of the operator, the address of the property over which the model aircraft, amateur rocket, unmanned aircraft system, or other flying object of a similar nature may be operated, and the permissible dates and hours of operation. Under no circumstances shall any such flying object be operated between the hours of sunset and sunrise.
C. 
The operation of a Model Aircraft, as that term is defined herein, shall be in compliance with the requirements set forth in Section 336(a) of the FAA Modernization and Reform Act of 2012 ("FMRA"), as such regulations may be amended from time to time.
D. 
The operation of an amateur rocket, as that term is defined herein, shall be in compliance with the requirements set forth in Title 14, Chapter 1, Subchapter F, Part 101, Subpart C of the Code of Federal Regulations, as such regulations may be amended from time to time.
E. 
The operation of an unmanned aircraft system, as that term is defined herein, shall be in compliance with the requirements set forth in Subtitle B of the FAA Modernization and Reform Act of 2012 ("FMRA"), as such regulations may be amended from time to time.
F. 
The operation of a model aircraft, amateur rocket, unmanned aircraft system, or other flying object of a similar nature are prohibited on all Township Property and within Township and Penn DOT road rights-of-way, unless specifically approved by the Board of Supervisors.
G. 
The use of a model aircraft, amateur rocket, unmanned aircraft system, or other flying object of a similar nature shall be exempt from the regulations contained herein or regulated as otherwise provided by state and federal law, provided such flying object is operated by and for stated purpose of any agency chosen to fulfill the public safety needs of Willistown Township, as adopted from time to time by resolution of the Board of Supervisors. Such agencies shall include the Willistown Police Department and other authorized law enforcement agencies, inter-agency task forces or special operations teams having jurisdiction in Willistown Township.

§ 128-3 Violations and penalties.

Any person who violates or permits the violation of any provision of this chapter shall, upon conviction thereof in a summary proceeding brought before a District Justice under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense, and shall be subject to the payment of a fine of not less than $100 and not more than $1,000, plus the costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment in the county prison for a term of not more than 30 days. Each section of this chapter violated shall constitute a separate offense, and each day or portion thereof in which a violation of this chapter is found to exist shall constitute a separate offense, each of which violations shall be punishable by a separate fine imposed by the District Justice of not less than $100 and not more than $1,000, plus the costs of prosecution, or upon default of payment thereof, the defendant may be sentenced to imprisonment in the county prison for a term of not more than 30 days. All fines and penalties collected for the violation of this chapter shall be paid to the Township Treasurer.