[Adopted 9-9-2015 by L.L.
No. 29-2015]
This Legislature hereby finds and determines that the County
of Suffolk is responsible for protecting the safety and welfare of
its 1.5 million residents. This Legislature finds that the County,
through its Department of Parks, Recreation and Conservation, owns
and operates several parks which are frequented by members of the
public. This Legislature also finds that advances in technology allow
individuals to purchase and operate unmanned aerial vehicles (UAVs),
which are controlled via remote control and can fly significant distances.
This Legislature further finds that the use of UAVs has been growing
in popularity and that members of the public wish to engage in this
activity in Suffolk County owned parks. This Legislature determines
that the safety of the public entering into Suffolk County parks is
of utmost importance. This Legislature further determines that in
order to better protect the public and ensure the safe use of UAVs
operated upon Suffolk County owned parks, the County should institute
a permitting process for UAVs launching from or landing in Suffolk
County parks. Therefore, the purpose of this article is to set forth
a permitting process to ensure the safe and recreational use of UAVs
in Suffolk County parks where UAVs have been deemed to be an appropriate
and safe activity.
As used in this article, the following terms shall have the
meaning indicated:
A device that is used or intended to be used for flight in
the air.
The Commissioner of the Suffolk County Department of Parks,
Recreation and Conservation.
The Suffolk County Department of Parks, Recreation and Conservation.
To launch, land, or fly.
Any natural individual, firm, partnership, association, corporation,
company or other business or organization of any kind.
All public parks, beaches, wetlands, playgrounds, athletic
fields, recreation centers, marinas, golf courses, open spaces and
areas publicly owned and acquired for the conservation of natural
resources and the enjoyment thereof by the residents of the County
of Suffolk, including all buildings, structures, equipment and appurtenances
located thereon, also entrances and approaches thereto and streets
or roads in or through such park or parks and parts thereof, but not
including any town, village, County or state highway, and such other
rights and appurtenances as the Department shall utilize for its purposes,
whether the same is now or hereafter owned or acquired in fee or otherwise
by the County or under the care and control of the County by lease
or otherwise for park, recreation and conservation purposes, not including
canals, canal locks and waterways, channels and other County-owned
or leased facilities placed under the jurisdiction of the Department
of Public Works as provided in Article VIII of the Suffolk County
Charter.
An unmanned, powered aircraft that:
A permit issued by the Department allowing the launching
and landing of an unmanned aerial vehicle from a Suffolk County park.
No person shall launch or land an unmanned aerial vehicle from
or in any Suffolk County park without a permit issued by the Department
in accordance with this article.
The prohibitions established in this article shall not apply
to:
A.
Unmanned aerial vehicles used by the federal government or the New
York State government or a person who is using an unmanned aerial
vehicle to provide contracted services to the federal government or
the New York State government;
B.
Unmanned aerial vehicles used by a local police department;
C.
Persons, businesses or organizations who or which use unmanned aerial
vehicles to provide contracted services to the County of Suffolk;
and
D.
Persons who hold an active media press pass issued by the Police
Departments of Nassau County, Suffolk County or New York City.
A.
A person may only operate an unmanned aerial vehicle in those Suffolk
County parks designated by the Department and only within the areas
of such designated Suffolk County park as may be authorized by the
Department. Prior to May 1, 2016, the Department shall set forth a
list of all designated Suffolk County parks and the authorized areas
within those Suffolk County parks in which unmanned aerial vehicles
may be operated. This list shall be kept current and maintained on
the Suffolk County website.
B.
Any person operating an unmanned aerial vehicle on County property
must fly such vehicle within such person's visual line of sight.
A.
The Commissioner is authorized and empowered to issue unmanned aircraft
vehicle permits in accordance with this article.
B.
The Commissioner shall have the power to promulgate rules and regulations
not inconsistent with the provisions of this article as may be necessary
with respect to the form and content of applications for unmanned
aerial vehicle permits, provided that the Commissioner first hold
two public hearings prior to February 1, 2016, in order to receive
input from the public regarding the establishment of an unmanned aerial
vehicle permitting process, including which County parks are appropriate
to allow such permits to be utilized. One such public hearing shall
be held in Hauppauge, New York and one public hearing shall be held
in Riverhead, New York at the Riverhead County Center.
C.
Unmanned aerial vehicle permits shall be valid for one year from
the date of issuance. The yearly fee for the unmanned aerial vehicle
permit shall be determined by the Department.
D.
All unmanned aerial vehicle permit applications shall be submitted
in writing on forms furnished by the Department.
A.
No fine may be imposed for a violation of this article nor any permit
suspended or revoked until after a hearing has been held before the
Commissioner or Commissioner's designee. Such hearing shall be held
upon at least seven business days' notice to the person. Notice of
such hearing shall be served either personally or by certified mail,
return receipt requested, to the last known address of the person
and shall state the date and place of the hearing as well as enumerate
the grounds constituting the allegations against such person. The
person may be represented by counsel and may produce witnesses in
his/her/its own behalf. A record of the hearing shall be taken and
preserved. For purposes of such hearing, the Commissioner or the Commissioner's
designee may administer oaths, take testimony, subpoena witnesses
and compel the production of books, papers, records or other documents
deemed pertinent to the subject of the hearing.
B.
The Commissioner shall have the power to suspend or revoke such permit
or to deny an application for such permit or for renewal of such permit
based upon finding of a violation after a hearing held in accordance
with this article.
The provisions of this article shall be enforced by the Suffolk
County Department of Parks, Recreation and Conservation and the Suffolk
County Police Department.
A.
Civil penalty. A person violating this article shall be subject to
a civil penalty of no less than $250 per violation nor more than $500
per violation. Such civil penalties may be recovered after a hearing
on written notice as set forth in this article. Such civil penalty
shall be in addition to any other penalty imposed by federal, local,
or state law pertaining to the use of unmanned aerial vehicles.
B.
Criminal penalty. In addition to any civil penalties imposed pursuant
to this article, any person who shall launch, land or operate an unmanned
aerial vehicle in violation of this article shall be guilty of a misdemeanor
and, upon conviction, shall be subject to a fine of not more than
$5,000 or imprisonment for not more than one year, or both. Each such
violation shall be deemed a separate offense.
This article shall not be construed to allow for activity that
is not permitted pursuant to any federal statutes, rules or regulations
governing the use of air space subject to the jurisdiction of the
Federal Aviation Administration.
This article shall apply to all actions occurring on or after
the effective date of this article.
This article shall take effect 60 days following its filing
in the Office of the Secretary of State.
