[HISTORY: Adopted by the Board of Supervisors of the Township of West Goshen 6-11-2016 by Ord. No. 3-2016. Amendments noted where applicable.]
When used in this chapter, the following words, terms and phrases shall have the following meanings, unless expressly stated otherwise or unless the context clearly indicates otherwise:
- AMATEUR ROCKET
- An unmanned rocket that:
- The Board of Supervisors of the Township of West Goshen.
- MODEL AIRCRAFT
- Any unmanned aerial vehicle, including, without limitation, model airplanes, remote-controlled aircraft and drones and the equipment associated with such unmanned aerial vehicle.
- Any person controlling or otherwise operating a model aircraft or amateur rocket.
- Any person owning, leasing, occupying or having charge of any property within the Township.
- Any individual, association, public or private corporation, for profit or not for profit, partnership, firm, trust, estate or any other legal entity whatsoever which is recognized by law as the subject of rights and duties.
- PUBLIC NUISANCE
- The unreasonable, unwarrantable, or unlawful use of public or private property which causes injury, damage, inconvenience, annoyance, or discomfort to any person in the legitimate enjoyment of that person's property.
- The Township of West Goshen.
No person shall operate a model aircraft, amateur rocket or other flying objects of a similar nature at an elevation of less than 200 feet over property not owned by the operator without the permission of the property owner.
Permission from the owner shall be in writing, specifying the name of the operator, the address of the property over which the model aircraft, amateur rocket or other flying objects of a similar nature may be operated, and the permissible dates and hours of operation.
The operation of a model aircraft, as that term is defined herein, shall be in compliance with the requirements set forth in § 336(a) of the FAA Modernization and Reform Act of 2012 (FMRA), as such regulations may be amended from time to time, which are attached as Exhibit A.
Editor's Note: Exhibit A is on file in the Township offices.
The operation of an amateur rocket, as that term is defined herein, shall be in compliance with the requirements set forth in Title 14, Chapter 1, Subchapter F, Part 101, Subpart C of the Code of Federal Regulations, as such regulations may be amended from time to time, which are attached as Exhibit B.
Editor's Note: Exhibit B is on file in the Township offices.
The operation of a model aircraft and an amateur rocket, as those terms are defined above, is prohibited on all Township property and within Township and PennDOT road rights-of-way, unless specifically approved by the Board of Supervisors.
Any person who violates or permits the violation of any provision of this chapter shall, upon conviction thereof in a summary proceeding brought before a District Justice under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense, and shall be subject to the payment of a fine of not less than $100 and not more than $1,000, plus the costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment in the county prison for a term of not more than 30 days. Each section of this chapter violated shall constitute a separate offense, and each day or portion thereof in which a violation of this chapter is found to exist shall constitute a separate offense, each of which violations shall be punishable by a separate fine imposed by the District Justice of not less than $100 and not more than $1,000, plus the costs of prosecution, or upon default of payment thereof, the defendant may be sentenced to imprisonment in the county prison for a term of not more than 30 days. All fines and penalties collected for the violation of this chapter shall be paid to the Township Treasurer.