Township of Long Beach, NJ
Ocean County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Commissioners of the Township of Long Beach 5-18-2015 by Ord. No. 15-19C. Amendments noted where applicable.]
GENERAL REFERENCES
Beaches — See Ch. 51.
Health and welfare — See Ch. 105.
As used in this chapter, the following terms shall have the meanings indicated:
DATA COLLECTION
The acquisition of information by use of one or more sensing devices.
DRONE
An unmanned aircraft that can fly under the control of a remote pilot or by a geographic positions system (GPS) guided autopilot mechanism and that is equipped with any sensing device or capable of any data collection.
SENSING DEVICE
A device capable of acquiring data from its surroundings. Sensing devices include, but are not limited to, cameras, microphones, thermal detectors, chemical detectors, radiation gauges, and wireless receivers in any frequency (including cellular, WiFi, or other data frequencies).
UNMANNED AIRCRAFT
An unmanned vehicle or device of any size that is capable of remote-control flight by any means and that does not possess any sensing device and is not capable of any data collection.
[Amended 10-2-2017 by Ord. No. 17-36C]
A. 
Except as otherwise provided in this chapter, persons and entities are prohibited from:
(1) 
Causing drones and unmanned aircraft to take off and/or land in the Township; and
(2) 
Operating drones and unmanned aircraft in any airspace within 400 feet of the ground and structures in the Township.
B. 
Drones and unmanned aircraft operated pursuant to the exceptions set forth in this chapter shall not be operated in a reckless, dangerous, harassing, or threatening manner.
A. 
This chapter shall not prohibit the constitutional use of drones and unmanned aircraft by any law enforcement agency or emergency services organization of or servicing the Township, the State of New Jersey, or the United States government for lawful purposes and in a lawful manner.
B. 
This chapter shall not prohibit any state or federal agencies from the use of drones and unmanned aircraft for any lawful and authorized purpose pursuant to federal and state regulations.
C. 
This chapter shall not prohibit the use of drones by not-for-profit, licensed, or accredited educational research colleges, universities, or scientific institutions for educational, scientific, environmental, or resource management purposes in the airspace over the beach within the Township between Labor Day and Memorial Day.
(1) 
Under no circumstances shall the use of drones pursuant to the foregoing exception be performed within 100 feet of any person on the beach, except for the persons involved in the foregoing permitted activities.
[Added 10-2-2017 by Ord. No. 17-36C]
D. 
This chapter shall not prohibit individuals and entities from the use of drones for business purposes in the airspace within the boundary lines of private commercial or residential property with the property owner's consent, except that data collection shall be limited to data collection of and relating to the properties where the owners provide consent thereto alone. The permitted use of drones pursuant to the foregoing shall include the airspace of the public streets and property immediately adjacent to the private property, provided that the use of the roads and public property is reasonably necessary for the business purpose, is performed within a reasonable amount of time, and the drone is not operated in the airspace within 20 feet of persons, except for the persons involved in the foregoing permitted activity.
[Amended 10-2-2017 by Ord. No. 17-36C]
E. 
This chapter shall not prohibit individuals and entities from the use of drones and unmanned aircraft for noncommercial purposes in the airspace within the boundary lines of private residential property with the property owner's consent, provided that the drone is not operated for any unlawful purpose.
[Amended 10-2-2017 by Ord. No. 17-36C]
F. 
Any and all persons who operate a drone pursuant to the exceptions set forth in this § 57-3 shall possess a remote pilot certificate issued by the FAA pursuant Part 107 of the FAA regulations.
[Amended 10-2-2017 by Ord. No. 17-36C]
[Added 10-2-2017 by Ord. No. 17-36C[1]]
A. 
All persons and entities shall complete and file an annual drone registration form ("annual form"), which is available at the Municipal Clerk's Office, at least 24 hours prior to the operation of any drone. The annual form shall be filed with the Municipal Clerk and shall be valid during the calendar year within which it is filed. No person or entity may operate any drone pursuant to the exceptions set forth in § 57-3C and 57-3D without the filing of the annual form.
(1) 
The annual form shall require the following:
(a) 
The name, address, and telephone number of the person or entity filing the annual form and that intends to operate the drone.
(b) 
If the person and/or entity seeks to operate the drone pursuant to § 57-3C, proof that the entity is a not-for-profit, licensed, or accredited educational research college, university, or scientific institution and that the drone use is for educational, scientific, environmental, or resource management purposes.
(c) 
If the person and/or entity seeks to operate the drone pursuant to § 57-3D, proof that the owner has consented to the drone operation. Proof of an agency relationship with the owner shall be accepted as proof of the property owner's consent.
(d) 
The take-off and landing location of the drone operation, the expected start and end time of the operation, and the purpose of the operation.
(e) 
A statement that the operator has reviewed the applicable regulations and intends to abide by them.
(f) 
A statement that the pilot possesses a valid FAA remote pilot certificate and attach a copy of same.
(2) 
Once a person or entity has filed an annual form which has been accepted and approved by the Municipal Clerk's Office, all future drone operations by that person or entity during the same calendar year of the filing of the annual form shall be by telephone notice to the Police Department at least 24 hours prior to the proposed operation of the drone pursuant to § 57-3C and 57-3D. The person or entity shall provide the Police Department with all information relating to the drone operation required by the annual form via telephone and/or email correspondence.
B. 
The burden of proof shall be upon the person and/or entity to establish that the use of the drone is permitted pursuant to § 57-3. Notwithstanding verbal or written approval by the Police Department, in the event that the use of the drones is determined not to comply with the exceptions set forth in § 57-3, the person and/or entities shall be deemed to be in violation of this chapter.
[1]
Editor's Note: This ordinance also redesignated former §§ 57-4 through 57-6 as §§ 57-5 through 57-7, respectively.
A violation of this chapter shall be punishable as provided in Chapter 1, General Provisions, Article III, General Penalty.
All ordinances or parts of ordinances inconsistent with this chapter are hereby repealed to the extent of such inconsistency.
If any word, phrase, clause, section, or provisions of this chapter shall be found by any court of competent jurisdiction to be unenforceable, illegal, or unconstitutional, such word, phrase, clause, section, or provision shall be severable from the balance of the ordinance and the remainder of the ordinance shall remain in full force and effect.