[HISTORY: Adopted by the Mayor and Council of the Borough of Franklin Lakes 8-16-2016 by Ord. No. 1688. Amendments noted where applicable.]
The purpose of this chapter is to regulate small unmanned aircraft, commonly known as drones, to protect the privacy of persons and property, and to protect the public health, welfare, and safety.
For purposes of this chapter, "small unmanned aircraft" shall mean an unmanned vehicle or device that can fly under the control of a remote pilot or by a geographic positions systems guided autopilot mechanism.
Small unmanned aircraft shall not operate in any airspace below 400 feet within the Borough:
Over private property, without the permission of the private property owner;
Over any street;
Over any Borough building, without the permission of the Mayor and Council;
Between dusk and dawn; and
Over any persons not directly participating in the operation of the aircraft, or where there are persons not directly participating in the operation of the aircraft located within 100 feet of the perimeter of the area over which the aircraft is being operated.
All other uses of public property shall have priority over use of public property for the operation of small unmanned aircraft.
This chapter shall not prohibit any federal, state, county or municipal agency including, but not limited to, any law enforcement agency or emergency services organization from the use of small unmanned aircraft for any lawful and authorized purpose pursuant to and in accordance with applicable regulations.
This chapter shall not prohibit individuals and entities from the use of small unmanned aircraft during daylight hours for business purposes in the airspace over 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.
This chapter shall not prohibit the authorized and lawful operation and use of small unmanned aircraft for commercial, business, educational, scientific, research, environmental, and personal purposes pursuant to and in accordance with applicable regulations.