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Town of Oyster Bay, NY
Nassau County
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Table of Contents
Table of Contents
Code
New Laws (8) Index
[HISTORY: Adopted by the Town Board of the Town of Oyster Bay 9-12-2017 by L.L. No. 7-2017. Amendments noted where applicable.]
A. 
The Town Board of the Town of Oyster Bay has determined that there has been a proliferation of the use of unmanned aircraft systems (commonly known as "drones" and "model aircraft") (UAS) in and around the Town of Oyster Bay. The Town Board also finds that the flying of these drones presents a noisy and potentially dangerous condition to the public and wildlife that may be present at Town facilities and that drone use at Town facilities is inconsistent with the establishment and maintaining of a safe and pleasing public environment. The Town Board further finds that it is in the public interest to regulate the private and commercial use of such UAS in the vicinity of Town of Oyster Bay facilities.
B. 
The Town Board recognizes that the Federal Aviation Administration has authority to regulate the use of UAS by public entities as well as UAS used for commercial purposes and that no person shall operate a UAS for commercial purposes without the express permission of the FAA.
A. 
Scope. No UAS may be taken off/launched from or landed at any Town facility, as defined herein, by any private, commercial, or business person or entity without approval of such use from the Town of Oyster Bay, as evidenced by a permit issued by the Town Clerk.
B. 
Applicability.
(1) 
The provisions of this chapter do not, and are not intended to, limit, replace, or circumvent any state or federal law, code, or regulation but, rather, are intended to supplement such legislation.
(2) 
Should any provision of this chapter be in conflict with any applicable state or local law, ordinance, code, or regulation, the more restrictive provision or requirement shall prevail.
As used in this chapter, the following terms shall have the meanings indicated:
TOWN FACILITY
Any park, beach, cemetery, property, building or repair facility, under the ownership or control of the Town of Oyster Bay, or any of the Town departments.
UNMANNED AIRCRAFT SYSTEM
Any mechanical device weighing not less than two pounds which is airborne or may be caused to be airborne, including model airplanes and drones as well as any other similar mechanical device that is controlled by radio transmitter.
All employees of the Department of Public Safety who are now or hereafter charged with the responsibility to perform inspection and/or enforcement duties with regard to the laws, codes, ordinances, rules and regulations within the general jurisdiction of their respective department, as well as police officers having jurisdiction, are hereby further empowered to enforce the provisions of this chapter and to issue appearance tickets returnable in the District Court of Nassau County for violations thereof.
A. 
First offense: fine of $500 plus the cost of permit.
B. 
Second offense within one year of first offense: fine of $1,000 plus the cost of permit.
C. 
Third offense within 18 months of first offense: fine of $1,500 plus the cost of permit.
A. 
Anyone seeking issuance of a special exception permit to operate a UAS, not otherwise permitted by another governmental authority, shall file an application with the Town Clerk on forms provided by the Town Clerk.
B. 
Permit period. For the period beginning on October 1 and concluding on April 31, a seasonal use permit shall be available to applicants satisfying the permitting requirements of this chapter. For the period beginning on May 1 and concluding on September 31, a nonseasonal use permit shall be available to applicants satisfying the permitting requirements of this chapter when the applicant intends to use a UAS at a Town facility between the hours of 9:00 a.m. and 7:00 p.m.
C. 
Form of permit application.
(1) 
The application for a permit shall set forth the following information:
(a) 
The name, address and telephone number of the person seeking to conduct such activity.
(b) 
If the activity is proposed to be conducted for, on behalf of or by an organization, the name, principal address and telephone number of the organization.
[1] 
The name, address and telephone number of the person or officers of the organization authorized to be responsible for the activity.
(c) 
The date when the activity is to be conducted.
(d) 
Description of any photographic, video and/or audio recording capabilities of the UAS as well as any attachments to the UAS.
(e) 
The UAS operator's AMA membership number, if any, or, where applicable, the UAS's FAA registration number.
(2) 
For purposes of a nonseasonal use application, and in addition to the information required by Subsection C(1) of this section, the applicant shall set forth in the permit application:
(a) 
The number of persons who will be involved conducting the activity(ies).
(b) 
The area over which the activity(ies) is (are) proposed to be conducted as well as the starting point and the termination point.
(c) 
The times when the activity(ies) is (are) proposed to commence and terminate.
(d) 
The altitude(s) of the proposed UAS flight.
D. 
Waiver of time limitation: The Town Clerk, where good cause is shown therefor, shall have the authority to consider any application hereunder which is filed less than 15 days prior to the proposed activity date.
A. 
As part of the application for a permit to operate a UAS under the terms of this chapter, the applicant must provide proof of liability insurance, naming the Town of Oyster Bay as a named insured, in the following minimum limits:
(1) 
General liability: $1,000,000.
(2) 
Bodily injury: $500,000 individual.
(3) 
Bodily injury: $1,000,000 single accident.
(4) 
Property damage: $500,000.
B. 
For purposes of this section, proof of membership in the Academy of Model Aeronautics ("AMA") shall be deemed to be satisfactory proof of insurance for noncommercial UAS operations.
The Town Clerk shall issue a permit as provided for hereunder when, from a consideration of the application and from such other information as may otherwise be obtained, he or she finds that:
A. 
The proposed activity will be orderly in character and not tend to disturb the public peace.
B. 
The conduct of the activity will not interrupt the providing of normal emergency services in the area.
C. 
The conduct of the activity will not interrupt the safe and orderly movement of traffic.
The Town Clerk, in denying an application for a special exception permit, shall be empowered to authorize the conduct of the activity on a date, at a time different from that designated by the applicant. An applicant desiring to accept an alternate permit shall, within three days after notice of the action by the Town Clerk, file a written notice of acceptance with the Town Clerk. An alternate permit shall conform to the requirements of a permit under this chapter.
A. 
Immediately upon the issuance of a permit, the Town Clerk shall send a copy thereof to the following:
(1) 
The Supervisor.
(2) 
The Councilmembers.
(3) 
The Commissioner of Parks.
(4) 
The Commissioner of the Department of Public Safety.
A. 
Each permit shall contain the following information:
(1) 
The name and address of the person granted the permit.
(2) 
The name of the manufacturer, model number, and serial number of the UAS to be flown.
(3) 
Description of any photographic, video and/or audio recording capabilities of the UAS as well as any attachments to the UAS.
(4) 
The date the activity is to be conducted.
(5) 
The assembly area, the starting point and the termination point of the activity.
(6) 
The starting time and the approximate time the activity is to terminate.
(7) 
The area in and over which the UAS will be operated.
(8) 
The UAS operator's AMA membership number, if any, or, where applicable, the UAS's FAA registration number.
A. 
A permittee hereunder shall comply with all permit terms and conditions and with all applicable laws and ordinances, including, without limitation, regulations and rules promulgated by the AMA in the case of hobbyist UAS operation or 14 CFR Part 107 in the case of commercial UAS operation.
B. 
The person granted the permit shall have the permit in his/her immediate possession at all times during the conduct of the activity and shall display the same upon demand of any person authorized to enforce this chapter.
A permittee shall operate the authorized UAS in a manner consistent with the permit issued by the Town of Oyster Bay.
The above prohibition shall not apply to the use of drones for active law enforcement purposes, or where the same is authorized by license or permit under the laws and regulations of the United States of America, the State of New York, or under the regulations of the Town of Oyster Bay, or as a function of any Town Department, or for which permission has been previously granted by the appropriate governing body, board, agency or commission having authority to grant such permissions.