[HISTORY: Adopted by the Board of Trustees of the Village
of Babylon 8-8-2017 by L.L. No. 8-2017. Amendments noted where applicable.]
GENERAL REFERENCES
Peace and good order — See Ch. 256.
This chapter shall be entitled "Local Law No. 8 of 2017."
The Village of Babylon, County of Suffolk and State of New York,
hereby enacts by this chapter No. 8 of 2017, a chapter governing the
use of drones.
This chapter shall take effect upon filing the chapter with
the Secretary of State of New York, within 20 days after its approval
by the Board of Trustees of the Incorporated Village of Babylon.
A.
Legislative intent.
(1)
The purpose and intent of this chapter is to adopt regulations regulating
privacy, nuisance and safety matters created by the use of drones
in the Village.
(2)
It is the intention of the Board of Trustees of the Village of Babylon
to protect the public, safety and welfare of the community and to
prevent public nuisance and invasion of privacy by authorizing the
establishment of procedures for the recreational operation of unmanned
aircraft systems (hereinafter "UAS"), commonly known as "model aircraft"
(small UAS) or "drones," throughout the community.
B.
Recreational and Commercial Use. The Village of Babylon recognizes
that the Federal Aviation Administration (hereinafter "FAA") currently
authorizes and regulates the use of UAS by public entities and UAS
used for commercial or business purposes. No person shall fly an unmanned
aircraft or UAS for commercial purposes without express permission
and/or a certificate of authorization from the FAA in order to use
unmanned aircraft for governmental and municipal purposes.
C.
Scope. The provisions of this chapter shall apply to the operation
of unmanned aircraft or UAS on or near all properties in the Village
of Babylon, residential and/or commercial.
D.
Applicability. The provisions of this section shall be deemed to
supplement applicable federal, state and local laws, codes and regulations.
Nothing in this chapter shall be deemed to abolish, impair, supersede
or replace any other remedy of the Village, county, state or federal
existing requirements of any other provision of local laws or ordinances
of the Village, county, state or federal laws and regulations. In
case of conflict between any provisions of this chapter and any applicable
state or local law, ordinance, code or regulation, the more restrictive
or stringent provision or requirement shall prevail.
As used in this chapter, the following terms shall have the
indicated meanings:
A vessel used or designed for navigation of or flight in
the air.
Use of an unmanned aircraft system for catering to or for
business and/or use with a sole or chief emphasis on saleability or
profit.
Aircraft that is carrying or being operated by one or more
persons.
A person, entity or agency that is responsible for flying,
steering or guiding an unmanned aircraft or UAS; to operate or control
the course of an unmanned aircraft of UAS.
Any land, improved or unimproved, situated within the borders
of the Village of Babylon whether publicly or privately owned.
Observation of a place, person, group, property or ongoing
activity typically without the subject of the observation having permission
of same.
A non-human-carrying aircraft weighing no more than 55 pounds,
capable of sustained flight in the atmosphere intended exclusively
for sport, recreation, education and/or competition and is typically
guided by remote control or onboard computers.
An unmanned aircraft and associated elements, including communication
links and components that control the unmanned aircraft.
The distance at which the pilot of a UAS is able to maintain
visual contact with the aircraft and determine its orientation without
enhancements other than corrective lenses.
A.
It shall be unlawful and a violation of this section for the pilot
of a UAS to take off, land or fly a UAS in the Village of Babylon,
over any Village of Babylon property, park, pool, golf course, walkway
or similar public area in the Village without the written consent
from the Village Board of Trustees.
B.
It shall be unlawful and a violation of this section for the pilot
of a UAS to fly a UAS over any private property in a manner that is
unsafe or hazardous or a nuisance based on complaint of the owner
or resident of the Village of Babylon. Unsafe, hazardous or a nuisance
use of a UAS shall include, but not be limited to, the use of a UAS
for surveillance or photography, the use of a UAS beyond the VLOS
of the pilot, or in a manner that causes or results in a threat to
public safety, is an invasion of privacy of a person on public or
private property, or which otherwise creates a public hazard or nuisance,
or is in any way in violation of any Village, county, state or federal
regulation.
Except as otherwise provided in this chapter, no person, business
entity or agency shall use an unmanned aircraft in the following manner:
A.
Use imaging technology for aerial surveillance with an unmanned aircraft
and/or unmanned aircraft system having capability of obtaining high-resolution
photographs and/or video, or using any types of sensors at any level
of resolution for the collection, retention or dissemination of surveillance
data or information, in a raw filtered, transformed, aggregated or
analyzed format on individuals, homes, businesses, or property at
locations where there is an expectation of privacy. Said conduct is
strictly prohibited unless expressed written permission is obtained
from the individual property owner or manager being photographed.
B.
Pilot of an unmanned aircraft over private real property without
the expressed written consent of the property owner and/or the property
manager.
C.
Pilot an unmanned aircraft over any real property owned, used or
leased by the Incorporated Village of Babylon without the express
written consent of the Incorporated Village of Babylon Board of Trustees.
D.
Pilot an unmanned aircraft higher than 400 feet from the ground.
E.
Pilot an unmanned aircraft near or over unprotected persons or moving
vehicles at a height less than 50 feet from same or over watercraft
less than 50 feet above the craft's highest point or within 100
feet of any aircraft, balloon, kite or other airborne device.
F.
Pilot an unmanned aircraft under the influence of drugs and/or alcohol.
G.
Pilot an unmanned aircraft in adverse weather conditions such as
in high winds or reduced visibility.
H.
Pilot an unmanned aircraft over any sporting event, ceremony, concert,
public park, or any other gathering of people that is held on public
property owned by the Incorporated Village of Babylon.
I.
Any unauthorized (without written consent by the Village Board of
Trustees) flying of drones above the property lines of a school, house
of worship, or government buildings.
J.
Pilot an unmanned aircraft that is capable of launching, shooting
or dropping, or attaching a device to the unmanned aircraft that is
capable of launching, shooting or dropping, a projectile or object
of any kind. This includes any form of laser light.
K.
No drone (UAS) operation shall be permitted for hunting, fishing,
trespass, voyeurism or unlawful surveillance. No firearm, weapon or
other dangerous instrument shall be attached or made part of any drone.
This chapter may be enforced by any law enforcement agency having
jurisdiction to act in the Incorporated Village of Babylon.
A.
This chapter and all provisions are to be enforced by the Incorporated
Village of Babylon Code Enforcement and/or its employees as well as
any law enforcement agency having jurisdiction to act in the Incorporated
Village of Babylon.
B.
Any person or entity committing an offense against any provision
of this Chapter shall, upon conviction thereof, be guilty of a violation,
punishable by a fine not exceeding $500. If this is a second offense,
the fine shall not exceed $1,000.
