A person commits the offense of littering if he or she places,
deposits, or causes to be placed or deposited, any glass, glass bottles,
wire, nails, tacks, hedge, cans, garbage, trash, refuse, or rubbish
of any kind, nature or description on the right-of-way of any public
road or State highway or on or in any of the waters in this City or
on the banks of any stream, or on any land or water owned, operated
or leased by the State, any board, department, agency or commission
thereof or on any land or water owned, operated or leased by the Federal
Government or the City, or on any private real property owned by another
without the owner's consent.
A person commits the offense of making a false bomb report if
he/she knowingly makes a false report or causes a false report to
be made to any person that a bomb or other explosive has been placed
in any public or private place or vehicle.
[Ord. No. 4533, 4-1-2019]
A.
Definitions. For purposes of this
Section, the following words and phrases shall have the following
meanings:
COMMERCIAL PURPOSE
Receiving anything of value resulting from the operation
of the unmanned aircraft system.
OPERATE
To pilot, steer, direct, fly or manage a small unmanned aircraft
through the air. The term "operate" includes managing or initiating
a computer system that pilots, steers, directs, flies or manages an
unmanned aircraft.
REMOTE UNMANNED AIRCRAFT SYSTEM PILOT
The person who:
1.
Has final authority and responsibility for the operation and
safety of the flight;
2.
Has been designated as pilot in command before or during the
flight; and
3.
Holds the appropriate category, class, and type rating, if appropriate,
for the conduct of the flight.
SURVEILLANCE
The gathering, without permission and in a manner that is
offensive to a reasonable person, of visual images, physical impressions,
sound recordings, data or other information involving the private,
personal, business or familial activities of another person, business
or entity, or that otherwise intrudes upon the privacy, solitude or
seclusion of another person, business or entity regardless of whether
physical onto the land of such person, business or other entity, or
into the airspace above the land of such other person, business or
other entity in connection with such surveillance.
UNMANNED AIRCRAFT ( also known as "DRONE")
An aircraft operated without the possibility of direct human
intervention from within or on the aircraft. An aerial vehicle that:
1.
Does not carry a human operator and is operated without the
possibility of direct human intervention from within or on the aircraft;
2.
Uses aerodynamic forces to provide vehicle lift;
3.
Can fly autonomously or be piloted remotely; and
4.
Can be expendable or recoverable.
UNMANNED AIRCRAFT SYSTEM
An unmanned aircraft, and associated elements (including
communication links and the components that control the unmanned aircraft)
that is required for the pilot in command to operate safely and efficiently
in the national airspace system. To be part of an unmanned aircraft
system, the unmanned aircraft must be:
1.
Capable of sustained flight in the atmosphere;
2.
Flown within the visual line of sight of the person operating
the aircraft or visual observer; and
3.
Flown for hobby, recreational or commercial 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. Operation
Provisions.
1. Operators of unmanned aircraft systems shall adhere to applicable
Federal and State regulations, rules, in place and implemented thereafter.
2. Unmanned aircraft systems must remain below any surrounding obstacles
within the airspace, when possible.
3. The unmanned aircraft system must remain within visual line of sight
of the operator of such. 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 at all times.
4. Operators of unmanned aircraft systems shall not intentionally operate
such over persons unprotected by shelter or moving vehicles, or within
twenty-five (25) feet from any person, building, or vehicle.
5. Operators of unmanned aircraft systems shall not operate such in
adverse weather conditions, such as in high winds or reduced visibility.
6. Operators or visual observers of unmanned aircraft systems shall
not be under the influence of alcohol or controlled substances when
such are in operation.
7. Operators of unmanned aircraft systems shall ensure the operating
environment is safe and shall not operate such in a reckless or negligent
manner so as to endanger the life or property of another.
8. Operators of unmanned aircraft systems shall not, without the consent
of the owner of the property, public utility, or appropriate governmental
entity operate such within one hundred (100) feet of or over sensitive
infrastructure or property, such as power stations, utility lines,
water treatment facilities, correctional facilities, heavily traveled
roadways, government facilities or other public utility facilities.
9. 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 the operation of such:
a. Enters into the immediate reaches of the air space next to private
property, and
b. If it interferes substantially with the property owner's use and
enjoyment of their property.
10. All unmanned aircraft systems shall be limited to daylight only operations.
11. 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 fifty-five (55) pounds in the City.
12. It shall be unlawful to operate an unmanned aircraft system for surveillance
within the City limits of the City of Berkeley. It shall be unlawful
for any employee to operate an unmanned aircraft system for surveillance
within the City limits in the performance of his/her work.
13. A remote UAS pilot must have in his/her possession an FAA commercial
remote pilot certificate and display that certificate upon request
by an authorized official such as a Police Officer if flying for commercial
purposes.
14. It shall be unlawful to operate an unmanned aircraft system over
or adjacent to any City-sponsored event or athletic event, bicycle
race, City swimming pool, fireworks display, parade or emergency scene
such as a fire, motor vehicle accident or crime scene.
15. An operator of an unmanned aircraft system must have in their possession
the unmanned aircraft system registration as issued by the FAA at
time of flight and display that registration upon request of an authorized
official, such as a Police Officer.
16. A remote unmanned aircraft system pilot must have in their possession
an FAA Commercial Remote Pilot Certificate and display that certificate
upon request by an authorized official such as a Police Officer if
flying for commercial purposes.
17. Notwithstanding the provisions set forth herein, nothing in this
Section shall be construed so as to prohibit the use of unmanned aircraft
systems by a Law Enforcement Agency, Fire Protection District or the
City of Berkeley.
18. Notwithstanding anything to the contrary, the owner or operator of
a critical infrastructure facility as defined by the President of
the United States or the Department of Homeland Security may operate
an unmanned aircraft system for the purpose of monitoring, operating
or maintaining said critical maintenance facility.
19. The Chief of Police is authorized to enforce the safety and security
of the public or any individual.