[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.]
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.
[Amended 10-2-2017 by Ord. No. 17-36C]
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]
A.
All persons and entities shall complete and file an annual drone registration form (“annual form”), which is available on the municipal website and at the Police Department, at least 24 hours prior to the operation of any drone. The annual form shall be filed with the Police Department 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 D 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 Police Department, 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 D. 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.
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.
