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.
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]
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:
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.
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.
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.
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.
Notwithstanding Subsection 1, an individual may operate an unmanned
aircraft between zero feet and 400 feet in altitude above private
property if they:
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:
The operation is in connection with the resolution of an emergency
situation as determined by the Municipal Manager, the Chief of Police
or their designees; or
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:
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;
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.
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
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.
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.
To the extent that any portion of this Chapter 14 is found to be invalid by a court of competent jurisdiction, the remaining portions shall remain in full force and effect.