[HISTORY: Adopted by the Governing Body of the Borough of Allendale 4-7-2016. 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 geographic positions 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 § 118-3, drones are prohibited from flying in any airspace below 400 feet within the Borough.
B. 
Except as otherwise provided in § 118-3, unmanned aircraft are prohibited from flying in any airspace below 400 feet with the Borough in:
(1) 
The airspace over any residential or commercial zoned area in the Borough;
(2) 
The airspace over any roads with the Borough; and
(3) 
The airspace over any government or public buildings, property, or parks with the Borough.
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 Borough, the State of New Jersey, or the United States of America for lawful purposes and in a lawful manner.
B. 
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 applicable regulation.
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 FAA regulations, if any, shall not be permitted.
E. 
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 in the Borough in the airspace within the boundary lines of that property or in the airspace within the boundary lines of private property in the Borough with that property owner's consent.
A violation of this chapter shall be punishable as provided in Chapter 1, General Provisions, § 1-18, General penalty, and shall be enforced by the Police Department or the Administrative Officer of the Borough of Allendale. The Chief of Police and/or the Administrative Officer may authorize a waiver of any of the requirements or limitations of this chapter.