[HISTORY: Adopted by the Board of Trustees of the Village
of Weedsport 10-11-2017 by L.L.
No. 2-2017. Amendments noted where applicable.]
This chapter shall be known as the "Drone Regulation Law of
the Village of Weedsport."
It is the purpose of this chapter to protect the health, safety
and well-being of persons and property by imposing restrictions on
the recreational operation of unmanned aircraft systems (UAS), commonly
known as "model aircraft" (small UAS) or "drones," within the Village
of Weedsport.
This chapter has been adopted pursuant to and in conformity
with Municipal Home Rule Law § 10 and the New York State
Constitution.
As used in this chapter, the following terms have the following
respective meanings:
Any device now known, or hereafter invented or manufactured,
used or designed for navigation of or flight in the air.
The Code Enforcement Officer of the Village.
An unmanned aircraft system (UAS) that can fly under the
control of a remote pilot or via a geographical positions system (GPS)
guided autopilot mechanism.
[Amended 2-14-2018 by L.L. No. 1-2018]
Any aircraft that is carrying or being operated by one or
more persons.
An area of the Village defined by its residents and its distinctive
characteristics.
Any individual, firm, company, association, society, corporation,
or group.
Any 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 or UAS.
Any land, improved or unimproved, situated within the borders
of the Village, whether publicly or privately owned.
The use of a UAS for pastime or diversion for the purpose
of affording relaxation and enjoyment.
The continuous observation of a place, person, group, property
or ongoing activity, typically without the subject of the observation
having knowledge 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. The term "drone" shall
be synonymous with the term "Unmanned Aircraft" as the context of
this chapter requires.
An unmanned aircraft and associated elements, including communication
links and components that control the unmanned aircraft.
The Village of Weedsport, New York.
The distance at which the pilot of an UAS is able to maintain
visual contact with the aircraft and determine its orientation without
enhancements other than corrective lenses.
Except as otherwise specifically provided in this chapter, no
person shall use an unmanned aircraft in the following manner:
A.
To use imaging technology for aerial surveillance with an unmanned
aircraft and/or unmanned aircraft system having the capability of
obtaining photographs, video and/or audio recordings, or using any
types of sensors, for the collection, retention, or dissemination
of surveillance data or information on individuals, homes, businesses,
or property at locations where there is a reasonable expectation of
privacy. Said conduct is strictly prohibited without the express written
consent of the property owner or other person having lawful possession
or control over the property;
B.
To fly or pilot an unmanned aircraft on private real property without
the express written consent of the property owner or other person
having lawful possession or control over the property;
C.
To fly or pilot an unmanned aircraft within the border of any real
property owned, used or leased by the Village without the express
written consent of the Village Board of Trustees;
D.
To fly or pilot an unmanned aircraft in a manner that interferes
with manned aircraft;
E.
To fly or pilot an unmanned craft outside of the pilot's visual line
of sight;
F.
To fly or pilot an unmanned aircraft higher than 400 feet from the
ground;
G.
To fly or pilot an unmanned aircraft near or over unprotected persons
or moving vehicles at a height less than 25 feet from same;
H.
To fly or pilot an unmanned aircraft under the influence of drugs
and/or alcohol;
I.
To fly or pilot an unmanned aircraft in adverse weather conditions,
such as in high winds or reduced visibility, that impair the pilot's
ability to control the direction and/or location of such unmanned
aircraft; and
J.
To fly or pilot an unmanned aircraft near or over sensitive infrastructure
or property such as power stations, sewage treatment facilities, and
heavily traveled roadways within the Village, as determined from time
to time by duly authorized resolution of the Village Board of Trustees.
This chapter and its provisions shall be enforced by the Village
Police Department and/or by Village Code Enforcement responsible for
enforcement of the Village Code.
Any person committing an offense against any provision of this
chapter shall, upon conviction thereof, be guilty of a violation,
punishable by a fine not exceeding $1,000 or by imprisonment for a
term not exceeding 15 days, or by both such fine and imprisonment.
The continuation of an offense against the provisions of this chapter
shall constitute, for each day the offense is continued, a separate
and distinct offense hereunder.
