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.
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.
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.
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:
B. Damage to any private or public property.