[Ord. No. 6737 § 2, 4-27-2017]
A.
CITY ADMINISTRATOR
UNMANNED AIRCRAFT
UNMANNED AIRCRAFT SYSTEMS (UAS)
VISUAL OBSERVER
Definitions. For purposes of this
chapter, the following words and phrases shall have the following
meanings:
The City Administrator of the City or his or her designee.
An aerial vehicle that:
An unmanned aircraft and associated elements (including communication
links and the components that control the unmanned aircraft) that
are required for the pilot in command to operate safely and efficiently
in the national airspace system. To be part of a UAS, the unmanned
aircraft must be:
A person who is designated by the operator of an unmanned
aircraft system to assist the operator to see and avoid other air
traffic or objects aloft or on the ground.
B.
All operators of unmanned aircraft systems shall adhere to applicable
federal and State regulations, rules, and laws regarding their use,
and as may be amended from time to time, and implemented thereafter.
C.
The unmanned aircraft system must remain within visual line of sight
of the operator of the unmanned aircraft system. Alternatively, the
unmanned aircraft must remain within the visual line of sight of a
visual observer, provided that the operator of the unmanned aircraft
system and the visual observer maintain effective communication with
each other at all times.
D.
Operators of unmanned aircraft systems shall not intentionally operate
unmanned aircraft systems over persons unprotected by shelter or moving
vehicles, or within twenty-five (25) feet of any person, building,
or vehicle.
E.
Operators of unmanned aircraft systems shall not operate an unmanned
aircraft system in adverse weather conditions, such as in high winds
or reduced visibility.
F.
Operators of unmanned aircraft systems shall not operate an unmanned
aircraft system, nor shall a visual observer observe the operation
of an unmanned aircraft system, under the influence of alcohol or
controlled substances.
G.
Operators of unmanned aircraft systems shall ensure the operating
environment is safe and shall not operate unmanned aircraft systems
in a reckless or negligent manner so as to endanger the life or property
of another or constitute an unreasonable interference with enjoyment
of life, quiet, comfort, or outdoor recreation of an individual or
individuals of ordinary sensitivity or habits.
H.
Operators of unmanned aircraft systems shall not without the consent
of the owner of the property, public utility, or appropriate governmental
entity operate an unmanned aircraft system within twenty-five (25)
feet of or over sensitive infrastructure or property, such as power
stations, utility lines, water treatment facilities, correctional
facilities, streets or highways with a speed limit of 35 miles per
hour or more, government facilities, or other public utility facilities.
I.
It shall be unlawful to knowingly operate an unmanned aircraft system
directly over the private property of another without the property
owner's consent, if such operation of the unmanned aircraft system:
J.
All unmanned aircraft systems shall be limited to daylight-only operations,
or civil twilight (30 minutes before official sunrise to 30 minutes
after official sunset, local time), with anti-collision lighting visible
from a distance of three (3) statute miles.
K.
Except as may be otherwise expressly permitted by federal or state
law, it shall be unlawful to operate any unmanned aircraft systems
weighing in excess of fifty-five pounds (25 kilograms) in the City.
L.
The City Administrator is hereby authorized to promulgate policies
and procedures for the operation of unmanned aircraft systems upon
and over property owned or controlled by the City, consistent with
this Chapter. Such policies and procedures shall provide for reasonable
restrictions on the time, place, and manner in which a person may
land, launch, or otherwise operate an unmanned aircraft system so
as not to interfere with the health, safety, and welfare of City residents.
Such restrictions may not place an undue burden on recreational or
commercial operation of unmanned aircraft systems. Such policies and
procedures may require certain conditions be fulfilled prior to the
take-off, landing, or operation of an unmanned aircraft system from
certain designated properties owned or controlled by the City.
[Ord. No. 6737 § 1, 4-27-2017]
A.
The City Administrator is hereby authorized to issue a certificate of waiver permitting a temporary deviation from the regulations of Subsections (C), (D) and (J) of Section 245.010 under the terms and conditions as set forth by the City Administrator in the certificate of waiver and as provided for herein:
1.
An applicant requesting a certificate of waiver permitting a deviation from Section 245.010(C) of this Chapter must set forth in the application a method for ensuring each of the following:
a.
That the operator will be able to continuously know and determine
the position, altitude, and movement of the unmanned aircraft systems
and ensure the unmanned aircraft systems remains in the area of intended
operation;
b.
That the operator will be able to avoid other aircraft, people
on the ground, and ground-based structures and obstacles at all times;
c.
That the operator will be alerted of any degraded unmanned aircraft
systems function; and
d.
That all required persons participating in the operation of
the unmanned aircraft systems will have relevant knowledge of all
aspects of operating unmanned aircraft systems that are not in the
visual line of sight of the operator.
2.
An applicant requesting a certificate of waiver permitting a deviation from Section 245.010(D) of this Chapter must set forth in the application a method for ensuring each of the following:
a.
That any malfunction of the unmanned aircraft systems will not
cause injuries to non-participating persons on the ground;
b.
That risk to non-participants will be mitigated by the applicant
through an operational risk assessment, testing, and data, all of
which address design features, operational limitations, or a combination
thereof specific to the operation;
c.
That the applicant will address the risk from exposure to rotating
parts and sharp edges which could injure a non-participating person;
and
d.
That the operator has adequate knowledge, experience, and ability
to safely operate an unmanned aircraft over non-participating persons,
including recent flight experience within the last thirty (30) days.
3.
An applicant requesting a certificate of waiver permitting a
deviation from 245.010 (J) must set forth in the application a method
for ensuring each of the following:
a.
That the operator will be able to maintain visual line of sight
during darkness;
b.
That the operator will be able to see and avoid other aircraft,
people on the ground, and ground-based structures and obstacles during
the darkness;
c.
That the operator will be able to continuously know and determine
the position, altitude, attitude, and movement of his or her unmanned
aircraft systems; and
d.
That all required persons participating in the unmanned aircraft
systems operation will have knowledge to recognize and overcome visual
illusions caused by darkness, and understand physiological conditions
which may degrade night vision.
B.
An application for a certificate of waiver must be submitted on forms
provided by the City Administrator, and contain, at a minimum, the
following:
1.
The name, age, telephone number and address of the operator
of the unmanned aircraft system;
2.
The name, age, telephone number and address of the visual observer
or observers, if applicable;
3.
A complete description of the proposed operation of the unmanned
aircraft system, including the location, dates and times of operation
of the unmanned aircraft system;
4.
A justification that the operation of the unmanned aircraft
system can safely be conducted under the terms of a certificate of
waiver; and
5.
Such other information as may be required by the City Administrator.
C.
The City Administrator may prescribe such additional terms, conditions
and limitations for any certificate of waiver issued by the City Administrator
that the City Administrator considers necessary to protect the health,
safety and welfare of the residents of the City.
