[HISTORY: Adopted by the Board of Commissioners of the City of Bordentown 1-11-2016 by Ord. No. 2015-15. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
DATA COLLECTION
The acquisition of information, sounds, photos, or videos by use of one or more sensing devices.
DRONE
An unmanned aerial vehicle 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, WiFi, or other data frequencies).
UNMANNED AIRCRAFT
An unmanned vehicle, aircraft, 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 § 150-3 of this chapter, drones are prohibited from flying in any airspace below 400 feet within the City of Bordentown.
B. 
Except as otherwise provided in § 150-3 of this chapter, unmanned aircraft are prohibited from flying in any airspace below 400 feet within the City of Bordentown in:
(1) 
The airspace over any residential or commercial zoned area in the City;
(2) 
The airspace over any roads within the City; and
(3) 
The airspace over any government or public buildings within the City.
A. 
This chapter shall not prohibit the use of noncommercial drones that have been previously registered with the City of Bordentown and whose operators conform to the provisions of this chapter as to usage regulations regarding time and location restrictions.
B. 
This chapter shall not prohibit the use of commercial drones whose operator has previously notified the City of Bordentown Police Department of the operation of such drone for use involving utility and telecommunication infrastructure, documentation of real estate, and disaster assessments.
C. 
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 City of Bordentown, the State of New Jersey, or the United States of America, for lawful purposes and in a lawful manner.
D. 
This chapter shall not prohibit any federal, state, county or municipal agency from the use of drones and unmanned aircraft for any lawful and authorized purpose pursuant to federal and state regulations.
E. 
This chapter shall not prohibit individuals and entities from the use of drones during daylight hours for business or recreational purposes in the airspace within the boundary lines of any public park within the City of Bordentown, or within the boundary lines of any private commercial or residential properties with the property owner's consent, except that data collection shall be limited to data collection of and relating to the private properties wherein consent has been provided.
F. 
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 FAA regulations is permissible, if such regulations exist.
G. 
This chapter shall not prohibit the use of unmanned aircraft by:
(1) 
Any federal, state, county or municipal agency, including, but not limited to, law enforcement and emergency services agencies, for lawful purposes and in a lawful manner; or
(2) 
An owner of private property within the City in the airspace within the boundary lines of that property or in the airspace within the boundary lines of private property in the City with that property owner's consent, or within the boundary lines of any public park within the City of Bordentown.