[HISTORY: Adopted by the Board of Commissioners of the Township of Long Beach 11-13-2023 by Ord. No. 23-24C.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 57, Drones and Unmanned Aircraft, adopted 5-18-2015 by Ord. No. 15-19C, as amended.
As used in this chapter, the following terms shall have the meanings indicated:
The acquisition of information by use of one or more sensing devices.
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.
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).
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.
A.
Unmanned aircraft are prohibited from taking off or landing on any beach or beach dune area or any public right-of-way or road, except for landings in the event of an emergency.
C.
No unmanned aircraft shall be operated in a reckless, dangerous, harassing, or threatening manner, or for the purpose of data collection at locations where persons have an expectation of privacy, or in any manner that poses a threat to public utilities or the public health, welfare, and safety.
D.
No unmanned aircraft shall fly within 100 feet of any person.
A.
This chapter shall not prohibit any governmental agencies or emergency service organizations from the use of unmanned aircraft for any lawful and authorized purpose pursuant to the Constitution and federal and state regulations.
B.
This chapter shall not prohibit the use of unmanned aircraft by not-for-profit colleges and universities or scientific institutions for educational, scientific, environmental, or resource management purposes.
(1)
All persons and entities seeking to take off or land on any beach, beach dune area, road, or right-of-way prohibited by § 57-2A and B pursuant to this exception shall first complete and file a drone registration form, which is available on the municipal website and at the Police Department, at least 24 hours prior to the operation. The form shall be filed with the Police Department, which shall approve or deny the application based upon the requirements and the public health, welfare, and safety.
C.
This chapter shall not prohibit individuals from the use of unmanned aircraft for business purposes in the airspace within the boundary lines of private property with the property owner's consent, except that data collection shall be limited to and relating to the properties where the owners provide consent thereto. The permitted use of unmanned aircraft 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 it is not operated in the airspace within 30 feet of persons, except for the persons involved in the permitted activity.
A violation of this chapter shall be punishable as provided in Chapter 1, General Provisions, Article III, General Penalty. A conviction under this chapter shall not merge with any other conviction of harassment, invasion of privacy pursuant, obstructing administration of law or other governmental function, introducing contraband, contempt of a domestic violence order which constitutes a crime or disorderly persons offense, or any other criminal or disorderly person offense even if the other conviction involves the use of an unmanned aircraft.
