[HISTORY: Adopted by the Borough Council of the Borough of
Seaside Heights 5-17-2017 by Ord.
No. 17-16. Amendments noted where applicable.]
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:
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.
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.
The Federal Aviation Administration.
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.
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.
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.
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 and its associated elements, including
the control station, communication link, data link, navigation equipment,
launch/recovery equipment, other support equipment and payload.
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.
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.
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.
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.
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.
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.
