[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:
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.
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.
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:
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:
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.
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.
