Township of Ocean, NJ
Ocean County
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Table of Contents
Table of Contents
Chapter 153 Drones and Unmanned Aircraft
[HISTORY: Adopted by the Township Committee of the Township of Ocean 8-13-2015 by Ord. No. 2015-10. Amendments noted where applicable.]
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 global positioning 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, Wi-Fi, 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.
A. 
Except as otherwise provided in § 153-3, drones are prohibited from flying in any airspace below 400 feet within Ocean Township.
B. 
Except as otherwise provided in § 153-3, unmanned aircraft are prohibited from flying in any airspace below 400 feet within Ocean Township in:
(1) 
The airspace over any residentially or commercially zoned area in Ocean Township;
(2) 
The airspace over any roads within Ocean Township; and
(3) 
The airspace over any government or public buildings, property, or parks within Ocean Township.
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 Ocean Township, the County of Ocean, 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 individuals and entities from the use of drones during daylight hours 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 that provide consent thereto alone.
D. 
Notwithstanding the provisions of this chapter, the authorized and lawful operation and use of drones for commercial, business, educational, scientific, research, environmental, and personal purposes pursuant to and in accordance with specific Federal Aviation Administration ("FAA") regulations is permissible if same exists.
E. 
This chapter shall not prohibit the use of unmanned aircraft by:
(1) 
Any federal, state, and local agencies, including, but not limited to, law enforcement and emergency services agencies, or by any person or persons for lawful purposes and in a lawful manner.
A violation of this chapter shall be punishable by a fine of between $100 and $500 for a first offense, and for a second or subsequent offense, a fine of between $500 and $1,000.