Borough of Seaside Heights, NJ
Ocean County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Seaside Heights 5-17-2017 by Ord. No. 17-16. Amendments noted where applicable.]

§ 217-1 Purpose and intent.

It is the purpose and intent of this chapter to address the potential hazard unmanned aircraft and unmanned aircraft systems pose to persons and property on the ground. This chapter is not intended to conflict with or preempt Federal Aviation Administration (FAA) regulations, but rather to work in conjunction with those regulations to promote public safety while recognizing the limitation of the FAA's enforcement capabilities.

§ 217-2 Definitions.

The following words, phrases and terms as used in this chapter shall have the meanings indicated as follows:
AVIGATE
To pilot, steer, direct, control, fly or manage an unmanned aircraft or unmanned aircraft system through the air or on the ground. The word "avigate" includes managing or initiating any elements of an unmanned aircraft system.
BOROUGH ADMINISTRATOR
The person appointed pursuant to § 5-4 and having the powers set forth in § 5-5 of the Borough Code.
DRONE
An unmanned aircraft that can fly under the control of a remote pilot or by a geographic positioning system (GPS) guided autopilot mechanism and that may be equipped with any sensing device or capable of any data collection.
FAA
The Federal Aviation Administration.
MODEL AIRCRAFT
An unmanned aircraft or unmanned aircraft system operated by any person strictly for hobby or recreational purposes. A model aircraft operator is an individual who satisfies all of the exemption criteria specified in Section 336 of Public Law 112-95, codified in Part 101 of the FAA Regulations, and flies his or her aircraft in accordance with a community-based set of safety guidelines and within the programming of a nationwide community-based organization.
PUBLIC PROPERTY
Real property and structures owned or leased by the Borough including, without limitation, parks, playgrounds, streets, sidewalks and other rights-of-way, buildings, docks, boardwalks, and beaches. Public property shall also include real property and structures which are being leased by the Borough to a lessee.
TOY AIRCRAFT
A glider or hand-tossed aircraft that is not designed for and is incapable of sustained flight; may be controlled by means of a physical attachment, such as a string or wire.
UNMANNED AIRCRAFT (UA)
A device of any size that is used or intended to be used for flight in the air, operated without the possibility of direct human intervention from within or on the device. This definition includes devices commonly known as model aircraft and drones, but excludes toy aircraft.
UNMANNED AIRCRAFT SYSTEM (UAS)
Unmanned aircraft and its associated elements, including the control station, communication link, data link, navigation equipment, launch/recovery equipment, other support equipment and payload.
WEAPON
Any instrument, article or substance that, under the circumstances in which it is used, attempted to be used or threatened to be used, is readily capable of causing death or serious physical injury to any person or damage to any property, including, but not limited to, firing a bullet, projectile or laser.

§ 217-3 Operating regulations.

A. 
Takeoff and landing. It shall be unlawful for any person avigating any UA/UAS to take off from or land on or upon, except in an emergency, any public property except as specifically provided in § 217-4 below.
B. 
Any person who operates or causes to be operated any UA/UAS within the limits of the Borough of Seaside Heights must be able to present, immediately upon request by any Seaside Heights Police Officer or Code Enforcement Officer, a current certificate of aircraft registration issued by the FAA for the UA/UAS, together with a remote pilot certificate where the use of the UA/UAS requires such a certificate under 14 CFR Part 107.
C. 
It shall be unlawful for any person to avigate any UA/UAS in the air, on the ground, or on the water:
(1) 
In a careless or reckless manner so as to endanger the life or property of another;
(2) 
In violation of any notice to airmen or any temporary or permanent flight restriction issued by the FAA pursuant to 14 CFR 91, as amended;
(3) 
In violation of any requirement or restriction issued by the FAA applicable to UA/UAS, including, without limitation, the provisions of 14 CFR Part 101 and 14 CFR Part 107; or
(4) 
In a manner that interferes with law enforcement, firefighting, or any government emergency operations.
D. 
It shall be unlawful for any person to avigate any UA/UAS less than 400 feet above ground level in areas that have been designated a temporary "no fly zone" by the Borough Administrator. When a no fly zone is established, the Borough Administrator shall post notice of same on the official Seaside Heights website and on the public announcement board located in the George E. Tompkins Municipal Complex, and shall also post warning signs in the vicinity of the no fly zone.
E. 
It shall be unlawful for any person to operate any UA/UAS on the grounds of, or less than 400 feet above ground level within the airspace overlaying, a public school in the Borough of Seaside Heights providing instruction in kindergarten or grades one to six, inclusive, during school hours and without the written permission of the school principal or higher authority, or his or her designee, or equivalent school authority.
F. 
It shall be unlawful for any person to use any UA/UAS to capture images of public school grounds in the Borough of Seaside Heights providing instruction in kindergarten or grades one to six, inclusive, during school hours and without the written permission of the school principal or higher authority, or his or her designee, or equivalent school authority.
G. 
It shall be unlawful for any person to avigate any UA/UAS that is equipped with a firearm or other weapon.
H. 
It shall be unlawful for any person to avigate any UA/UAS carrying pyrotechnic devices that explode or burn, or any device which propels a projectile or drops any object that creates a hazard to persons or property.
I. 
It shall be unlawful for any person to avigate any UA/UAS with metal-blade propellers or with gaseous boosts.

§ 217-4 Exceptions.

A. 
It shall be lawful for any person avigating any UA/UAS to take off from or land on or upon the oceanfront boardwalk and beaches October 1 to April 30 provided that the operator and flight conform to the requirements and restrictions contained in 14 CFR Part 101 or 14 CFR Part 107, whichever is applicable, including but not limited to the pertinent operating rules and remote pilot certification rules.
B. 
It shall be lawful for any person avigating any UA/UAS to take off from or land on or upon the bayfront beaches described below May 1 to September 30 provided that the operator and flight conform to the requirements and restrictions contained in 14 CFR Part 101 or 14 CFR Part 107, whichever is applicable, including but not limited to the pertinent operating rules and remote pilot certification rules:
(1) 
South Bay: any part of the bayfront beach that is located south of the public dock, but not from or upon any public dock.
(2) 
North Bay: Any part of the bayfront beach that is located between a point beginning 15 feet south of the designated public swimming beach and 10 feet north of the boat ramp, but not from or upon any public dock.
C. 
It shall be lawful for any person avigating any UA/UAS to take off from or land on or upon the bayfront beaches and public docks October 1 to April 30 provided that the operator and flight conform to the requirements and restrictions contained in 14 CFR Part 101 or 14 CFR Part 107, whichever is applicable, including but not limited to the pertinent operating rules and remote pilot certification rules.
D. 
It shall be lawful for any law enforcement agency or emergency services organization of or servicing the Borough of Seaside Heights, the County of Ocean, the State of New Jersey, or the United States government to avigate any UA/UAS from or on or upon any public property provided the flight is conducted in a lawful manner and for lawful purposes and the agency or organization is operating the UA/UAS under 14 CFR Part 107, including aircraft and pilot requirements, or has obtained a blanket public certificate of waiver or authorization (COA), or is otherwise authorized by state or federal law.
E. 
It shall be lawful for any person avigating any UA/UAS to take off from or land on or upon any public property at any time of the year provided that the Borough Administrator has issued a written waiver after determining that the flight can be conducted in conformance to the requirements and restrictions contained in 14 CFR Part 101 or 14 CFR Part 107, whichever is applicable, including, without limitation, the operating rules and remote pilot certification rules, and in a manner that will not cause unreasonable risk of endangering the life or property of another.

§ 217-5 Construction.

A. 
Specific flight operations authorized by the FAA - exception. Notwithstanding the prohibitions set forth in this chapter, nothing in this chapter shall be construed to prohibit, limit or otherwise restrict any person who is authorized by the FAA to operate any UA/UAS in Borough of Seaside Heights airspace, pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 or a certificate of waiver, certificate of authorization or airworthiness certificate under Section 44704 of Title 49 of the United States Code or other FAA grant of authority for a specific flight operation(s), from conducting such operation(s) in Borough of Seaside Heights airspace in accordance with the authority granted by the FAA.
B. 
Operations prohibited by the FAA - clarification. Nothing in this chapter shall be construed to authorize the operation of any UA/UAS in Borough of Seaside Heights airspace in violation of any federal statute or rules promulgated thereunder, including, but not limited to, any temporary flight restrictions or notices to airmen issued by the FAA.

§ 217-6 Accident reporting.

The operator of any UA/UAS shall immediately report to the Seaside Heights Police Department any operation of the UA/UAS on public property involving:
A. 
Injury to any person; or
B. 
Damage to any private or public property.

§ 217-7 Enforcement; violations and penalties.

A. 
The Seaside Heights Police Department and Division of Code Enforcement are the local enforcing agencies charged with enforcing this chapter.
B. 
Any person who violates any provision of this chapter shall, upon conviction by a court of competent jurisdiction, be subject to a mandatory fine of $100 for the first offense; $250 for the second offense; and $500 for a third and any subsequent offenses.
C. 
Enforcement actions for violations of this chapter shall be reported to the FAA by the local enforcing agency in accordance with the FAA's Law Enforcement Guidance for Suspected Unauthorized Operations.