[Ord. No. 830 § I — II, 2-21-2017]
A. 
Regardless of whether there is a physical trespass pursuant to Section 210.320 of the City Code, a person is liable for constructive invasion of property when a person knowingly attempts to capture or knowingly captures, in a manner that is offensive to a reasonable person, any type of visual image, visual recording, sound recording, or other physical impression of another engaging in private, personal, or familial activity in a place in which that person has a reasonable expectation of privacy and that impression could not have been achieved without a trespass unless the device was used. This section shall not be construed to impair or limit any otherwise lawful activities of law enforcement personnel or employees of governmental agencies or other entities, either public or private, who, in the course and scope of their employment, and supported by an articulable suspicion, attempt to capture any type of visual image, sound recording, or other physical impression of a person during an investigation, surveillance, or monitoring of any conduct to obtain evidence of suspected illegal activity or other misconduct, the suspected violation of any administrative rule or regulation, a suspected fraudulent conduct, or any activity involving a violation of law or business practices or conduct of public officials adversely affecting the public welfare, health, or safety.
B. 
The provisions of this Chapter shall not be construed to impair or limit any otherwise lawful activities of law enforcement personnel or employees of government agencies or other entities, either public or private, who in the course and scope of their employment, and supported by an articulable suspicion, attempt to capture any type of visual image, sound recording, or other physical impression of a person during an investigation, surveillance, or monitoring of any conduct to obtain evidence of suspected illegal activity, the suspected violation of any administrative rule or regulation, a suspected fraudulent conduct, or any activity involving a violation of law or business practices or conduct of public officials adversely affecting the public welfare, health or safety.
[Ord. No. 830 § III, 2-21-2017]
A. 
Definitions. For purposes of this Section, the following words and phrases shall have the following meanings:
UNMANNED AIRCRAFT
A high-powered, aerial vehicle that:
1. 
Does not carry a human operator and is operated without the possibility of direct human intervention from within or on the aircraft;
2. 
Uses aerodynamic forces to provide vehicle lift;
3. 
Can fly autonomously or be piloted remotely; and
4. 
Can be expendable or recoverable.
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:
1. 
Capable of sustained flight in the atmosphere; and
2. 
Flown within the visual line of sight of the person operating the aircraft; and
3. 
Flown for hobby or recreational purposes.
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.
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. 
Unmanned aircraft systems must remain below any surrounding obstacles within the airspace, when possible.
D. 
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.
E. 
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.
F. 
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.
G. 
Operators of unmanned aircraft systems shall not operate an unmanned aircraft system in adverse weather conditions, such as in high winds or reduced visibility.
H. 
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.
I. 
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.
J. 
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, heavily traveled roadways, government facilities, or other public utility facilities.
K. 
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:
1. 
Enters into the immediate reaches of the air space next to private property; and
2. 
If it interferes substantially with the property owner's use and enjoyment of his/her property.
L. 
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 the lighting standards set by the City of Foristell.
M. 
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.
[Ord. No. 830 § VII, 2-21-2017]
Any person firm, partnership, LLC or corporation found to be in violation of any provision of this Chapter shall be subject to a fine of up to five hundred dollars ($500.00) subject to limitations that may be imposed by State Statute or Supreme Court guidelines; and each day of such violation shall constitute a separate offense.