[Ord. No. 3307 § 2, 1-4-2017]
Definitions. For purposes of this Section, the following words and phrases shall have the following meanings:
- UNMANNED AIRCRAFT
- A high-powered, aerial vehicle that:
- UNMANNED AIRCRAFT SYSTEMS (UAS)
- An unmanned aircraft, and associated elements (including communication links and the components that control the unmanned aircraft), that is 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:
- VISUAL OBSERVER
- 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.
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.
Unmanned Aircraft Systems must remain below any surrounding obstacles within the airspace, when possible.
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.
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 from any person, building, or vehicle.
Operators of Unmanned Aircraft Systems shall not operate an Unmanned Aircraft System within five (5) miles of an airport or heliport without first notifying the airport and control tower.
Operators of Unmanned Aircraft Systems shall not operate an Unmanned Aircraft System in adverse weather conditions, such as in high winds or reduced visibility.
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.
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.
Operators of Unmanned Aircraft Systems shall not 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, heavily traveled roadways, government facilities, or other public utility facilities unless the operator obtains the consent of the owner of the property, public utility, or appropriate governmental entity.
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: (a) enters into the immediate reaches of the air space next to private property, and (b) if it interferes substantially with the property owner's use and enjoyment of his/her property.
All Unmanned Aircraft Systems shall be limited to daylight-only operations, or civil twilight, (thirty (30) minutes before official sunrise to thirty (30) minutes after official sunset, local time), with appropriate anti-collision lighting. Notwithstanding the foregoing, a person may, with the consent of the property owner, operate an Unmanned Aircraft System between civil twilight and 10:00 p.m. directly above the areas of property that are fully lit by one (1) or more outdoor light fixtures provided that each light fixture is at a height no less than sixty (60) feet above the surface of the ground and conforms to all applicable lighting regulations.
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 (55) pounds (twenty-five (25) kilograms) in the City.