[HISTORY: Adopted by the City of Isanti 6-7-2016 by Ord. No. 646.[1] Amendments noted where applicable.]
[1]
Editor’s Note: This provisions of this ordinance were adopted as Ch. 217, but were renumbered to maintain the organization of the Code.
[Amended 7-20-2021 by Ord. No. 763]
This chapter is enacted for the purpose, and with the intent, to control and regulate the use of private unmanned aircrafts, also known as "drones" (rotary or fixed wing), to prevent them from disturbing, disrupting, harassing, or endangering another person or property. This chapter is also enacted to control and direct the use of unmanned aircrafts while departments within the City of Isanti are performing their official duties.
[Amended 7-20-2021 by Ord. No. 763]
This chapter shall be enforced for both recreational and commercial use of unmanned aircrafts typically weighing less than 55 pounds including its payload. Public safety officials using unmanned aircrafts while performing their official duties or when directed by the Chief of Police or their designee are exempt from the provisions of this chapter.
As used in this chapter, the following terms shall have the meanings indicated:
[1]CITY
The City of Isanti, Isanti County, Minnesota.
OPERATE
To pilot, steer, direct, fly or manage a small unmanned aircraft through the air remotely. The term "operate" includes managing or initiating a computer system that automatically pilots, steers, directs, flies or manages a small unmanned aircraft.
PAYLOAD
Goods, materials or equipment carried by an unmanned aircraft.
PERSON
Includes an individual, partnership, corporation or any body of persons, whether incorporated or formed as an association or not.
PUBLIC EVENT
An event open to the public, or where members of the public are gathered, and occurring on public property or pursuant to City authority. Such events and locations include, but are not limited to, athletic fields, band stands, outdoor swimming areas, street festivals, parade routes, schools, school yards, places of worship, and City, county, state and federal facilities.[2]
UNMANNED AIRCRAFT (Also known as "unmanned aerial vehicle (UAV)," "drone," "quadcopter," "multicopter" or "unmanned fixed wing aircraft")
An "aircraft" as defined by the FAA pursuant to 49 U.S.C. § 40102(a)(6), including the flying portion of the system and all associated support equipment, power supply, control station, data links, telemetry, communications, cameras, video and navigation equipment necessary to operate the unmanned aircraft, flown by an operator via a ground control system, or autonomously through the use of an on-board computer, communication links, GPS and any other additional equipment necessary for the aircraft to operate safely.
[1]
The definitions of "airspace," "altitude," "area of command," and "autonomous system," which immediately and respectively preceded this definition, and the definition of "data collection," which immediately followed this definition, were repealed 7-20-2021 by Ord. No. 763.
[2]
The definition of "remote control," which immediately followed this definition, was repealed 7-20-2021 by Ord. No. 763.
A. 
No person shall operate an unmanned aircraft in violation of local, state or federal rules or regulations.
B. 
No person shall operate an unmanned aircraft within the City in such a manner as to endanger, harm, harass, spy upon, intimidate, or violate the privacy of another, nor in such manner as to trespass or damage the property of another, whether through the use of the aircraft itself or the use of the payload it carries.
C. 
No person shall operate an unmanned aircraft over a public event unless directed/authorized by the Chief of Police or their designee.
D. 
No person shall operate an unmanned aircraft over private property without first obtaining permission from the owner.
E. 
No person shall operate an unmanned aircraft above an area declared as an emergency scene or disaster area, nor within a clear space of 1/2 mile surrounding an emergency scene or disaster area. During a wildland fire, all unmanned aircraft shall be grounded until the incident is resolved so they do not endanger fire suppression air resources assisting to mitigate the incident.
F. 
No person shall operate an unmanned aircraft within 1/2 mile of a police, fire or rescue operation such as a raid, tactical position, crowd control or scene investigation.
G. 
No person shall knowingly operate an unmanned aircraft over critical infrastructure within the City as defined by the Chief of Police or their designee. Critical infrastructure includes, but is not limited to, water treatment and storage facilities, wastewater treatment, railroad tracks, gas plants, gas supply, public buildings, power stations and transmission lines, radio towers or other land areas defined as or containing critical infrastructure.
[Amended 7-20-2021 by Ord. No. 763]
H. 
No person shall operate an unmanned aircraft before sunrise or after sunset.
I. 
No person shall operate an unmanned aircraft while under the influence of alcohol or other mood altering substances that could impair or affect the operator's ability to safely control the unmanned aircraft.
J. 
No person shall operate an unmanned aircraft which carries explosive devices or weaponry including, but not limited to, firearms, gunnery, artillery, open flames, or similar items.
[Amended 7-20-2021 by Ord. No. 763]
Should an unmanned aircraft flight be approved to assist with the duties of public safety, the incident commander shall give approval and remain in contact with local airports, Department of Natural Resources, and the Department of Transportation when possible.
A. 
Authorized emergency personnel, when acting in the performance of their duties, shall be exempt from the provisions of this chapter.
B. 
Temporary exemptions from this chapter may be granted to local, state or federal law enforcement and emergency agencies.
A. 
Primary responsibility for enforcement of this chapter shall rest with the Isanti Police Department through its Chief of Police and/or their designee. This, however, shall not preclude enforcement by other licensed peace officers.
B. 
If a licensed law enforcement official or a designee of the Chief of Police determines that the operation of an unmanned aircraft is in violation of this chapter, or the operation is hampering, disturbing, or threatening an area or operation, they shall have the right to ground or seize the unmanned aircraft.
[Amended 7-20-2021 by Ord. No. 763]
Any person violating any provision of this chapter shall be guilty of a misdemeanor as defined by state law and subject to the penalties in Chapter 1, Article I, of this Code of the City of Isanti.