[Amended 6-19-2018 by L.L. No. 21-2018]
(A) 
It is the intention of the Huntington Town Board to protect the public health, safety and welfare of the community by authorizing the establishment of procedures for the operation of Unmanned Aircraft Systems (hereinafter "UAS"), commonly known as model aircraft (small UAS) or "drones," throughout the community.
(B) 
The Huntington Town Board recognizes that the Federal Aviation Administration (hereinafter "FAA") currently authorizes and regulates the use of UAS by public entities and UAS used for commercial or business purposes. No person shall fly an unmanned aircraft or UAS for commercial purposes without express permission from the FAA. Public entities, which include publically funded universities, law enforcement, fire departments and other government agencies, may apply for a Certificate of Authorization from the FAA in order to use unmanned aircraft for governmental and municipal purposes.
(A) 
Scope. The provisions of this chapter shall apply to the operation of unmanned aircraft or UAS on or near all properties in the unincorporated portions of the Town of Huntington, residential, commercial and otherwise.
(B) 
Applicability. The provisions of this chapter shall be deemed to supplement applicable Federal, State and local laws, ordinances, codes and regulations. Nothing in this chapter shall be deemed to abolish, impair, supersede or replace existing remedies of the Town, county or state or existing requirements of any other provision of local laws or ordinances of the Town or County or State laws and regulations. In case of conflict between any provisions of this chapter and any applicable state or local law, ordinance, code or regulation, the more restrictive or stringent provision or requirement shall prevail.
As used in this chapter, the following terms shall have the indicated meanings:
AIRCRAFT
A vessel used or designed for navigation of or flight in the air.
CODE ENFORCEMENT OFFICIAL
An official charged with the enforcement and/or administration of this article.
COMMERCIAL USE
Use of an unmanned aircraft system for catering to or for business and/or use with a sole or chief emphasis on salability, profit, or success.
MANNED AIRCRAFT
Aircraft that is carrying or being operated by one or more persons.
NEIGHBORHOOD
An area of the Town of Huntington defined by its residents and its distinctive characteristics.
PILOT
A person, entity, or agency that is responsible for flying, steering or guiding an unmanned aircraft or UAS; to operate or control the course of an unmanned aircraft or UAS
PROPERTY
Any land, improved or unimproved, situated within the borders of the Town of Huntington whether publicly or privately owned.
RECREATIONAL USE
Use of an UAS for pastime or diversion for the purpose of affording relaxation and enjoyment.
SURVEILLANCE
Continuous observation of a place, person, group, property or ongoing activity typically without the subject of the observation having knowledge of same.
UNMANNED AIRCRAFT (also known as "Drone" or "Model Aircraft")
A non-human-carrying aircraft weighing no more than 55 pounds, capable of sustained flight in the atmosphere intended exclusively for sport, recreation, education and/or competition and is typically guided by remote control or onboard computers.
UNMANNED AIRCRAFT SYSTEM (UAS)
An unmanned aircraft and associated elements, including communication links and components that control the unmanned aircraft.
VISUAL LINE OF SIGHT (VLOS)
The distance at which the pilot of an UAS is able to maintain visual contact with the aircraft and determine its orientation without enhancements other than corrective lenses.