[Adopted 9-11-2017 by Ord. No. 9-11-17]
14.1.1.Â
AIRCRAFT
AIRPORT
AIRPORT AUTHORITY
ENFORCEMENT ACTION
FAA
INCOMPATIBLE LAND USE
MANNED AIRCRAFT
OPERATE
PERSON
RESTRICTED LAND
SAFETY CRITICAL LAND
SMALL NONCOMMERCIAL UA
UNMANNED AIRCRAFT ("UA")
As used in this article, the following terms shall have the meanings
indicated:
Any contrivance invented, used, or designed to navigate or
fly in the air.
The Allegheny County Airport.
The Allegheny County Airport Authority, which is the operator
of the airport.
Any action taken under this article for alleged violations
of the same.
The Federal Aviation Administration.
Use of land within the Municipality limits that poses an
undue hazard to manned aircraft departing or arriving at the airport,
and to persons or property on the ground.
Any aircraft operated by the input of a person who is onboard
the aircraft.
To takeoff or land an unmanned aircraft or otherwise manipulate
the flight controls of an unmanned aircraft.
An individual person or a company, or other duly organized
and authorized entity, but not including the Municipality, the State
of Pennsylvania, the United States, or an individual person acting
in an official capacity thereof.
The land within the boundaries reflected on the map appended
to this article designated "restricted land" or which has been later
designated as "restricted land" via notice issued by the Municipality
or the Authority.[1]
The land within the boundaries reflected on the map appended
to this article designated "safety critical land" or which has been
later designated as "safety critical land" via notice and official
action by the Municipality or the Authority.[2]
An unmanned aircraft which:
An aircraft operated without the possibility of direct human
intervention from within or on the aircraft.
14.2.1.Â
No person may operate a small noncommercial UA from a ground-based
location within municipal limits and that is situated within safety
critical land.
14.2.2.Â
No person may operate a small noncommercial UA from a ground-based
location within the Municipality that is situated within restricted
land but is not situated within safety critical land unless:
1.Â
The Airport Authority is provided with notice of the proposed operation
and the Airport Authority approves of such operation; or
2.Â
The small noncommercial UA is being operated during a day and/or
time when operation is allowed as indicated by a notice issued by
the Municipality or the Authority.
14.2.3.Â
No person may operate an unmanned aircraft within the geographical
limits of the Municipality in violation of:
1.Â
An agreement between that person and the Municipality, the Airport
Authority, or the FAA; or
2.Â
Any term, condition, directive, or applicable regulation imposed
by the FAA, including, but not limited to, 14 CFR Part 111, Subpart
E; 14 CFR Part 107; or the terms of any waiver or special authorization
issued by the FAA.
14.2.4.Â
No person may operate an unmanned aircraft that weighs in excess
of 55 pounds, including everything that is onboard or otherwise attached
to the unmanned aircraft, unless the unmanned aircraft is marked and
registered in accordance with 14 CFR Part 47 or 48.
14.2.5.Â
Use over private property.
1.Â
Except as provided in Subsections 2 and 3, an individual may not
operate an unmanned aircraft above private property between zero feet
and 400 feet in altitude from the ground.
3.Â
Notwithstanding Subsection 1, an employee or contractor of the Municipality
may operate an unmanned aircraft without the express permission of
the owner of private property if either of the following conditions
are met:
14.2.6.Â
Use on public property.
1.Â
A person may not operate an unmanned aircraft on public property
unless the person has a permit issued by the Municipality for that
use. However, no permit shall be required for operation of an unmanned
aircraft within the following public parks maintained by the Municipality:
Birch Tree Park
Brookeside Park
Elm Tree Park
Miners Memorial Park
Oak Tree Park
Peter J. Page Park
Shamrock Park
Simmons Park
2.Â
The Municipality may, by resolution, add or remove other public land
or parks where operation of unmanned aircraft is permitted.
14.2.7.Â
General prohibitions. An individual may not operate an unmanned aircraft:
1.Â
Which has a weapon attached to any portion of the unmanned aircraft;
2.Â
To harass or annoy another;
3.Â
For the purpose of surveillance, when the target of surveillance
would have an expectation of privacy;
4.Â
In a reckless or careless manner that causes a real or reasonably
perceived threat to persons or property or actually causes damage
to persons or property;
5.Â
Above 400 feet in altitude from the ground; or
6.Â
Within 25 feet of a utility.
14.3.1.Â
The Municipality of Bethel Park police shall have the authority to
enforce this article by issuance of citations.
14.3.2.Â
Any person violating any of the provisions of this article shall
be guilty of a summary offense and, upon conviction thereof, shall
pay a fine of not less than $100 nor more than $1,000.
14.3.3.Â
Each violation hereunder shall constitute a separate offense, subject
to the penalties provided in the preceding subsections.
14.3.4.Â
After conferring with the Airport Authority, the Municipality of
Bethel Park police or the Airport Authority may:
1.Â
Refer the matter to the FAA for investigation and enforcement action
under applicable laws and regulations;
2.Â
Refer the matter to the United States Attorney's Office or the
Federal Bureau of Investigation for investigation and enforcement
under applicable laws and regulations; and/or
3.Â
Refer the matter to the Allegheny County District Attorney for prosecution
under applicable state laws.
14.4.1.Â
This Chapter 14 is intended to be a lawful exercise of the Municipality's police and regulatory powers available to it under applicable state and federal law. Nothing in this Chapter 14 is intended to, nor does it actually, impede or conflict with any federal law, FAA-issued restrictions or powers of the FAA to bring any action to enforce any applicable federal law or regulation or issue penalties or take any other action that the FAA is authorized to take under federal law and applicable regulations.
14.4.2.Â
In the event that the FAA initiates an enforcement action against any person who is also in violation of this Chapter 14, the Municipality shall suspend any pending enforcement action for a period of not less than 60 days upon written request from the FAA. After the expiration of the suspension of enforcement proceedings, the Municipality may proceed with any appropriate actions, including issuance of penalties authorized by this section. Such penalties shall be in addition to any action taken by the FAA.