[Ord. 666, 10/4/2017]
This Part shall be known and may be cited as the "Drone Ordinance."
[Ord. 666, 10/4/2017]
As used in this Part, the following terms shall have the meanings
indicated, unless the context specifically and clearly indicates otherwise:
AIRCRAFT
Any contrivance invented, used, or designed to navigate or
fly in the air.
AIRPORT
The Pittsburgh International Airport (PIT).
AIRPORT AUTHORITY
The Allegheny County Airport Authority, which is the operator
of the airport, or any successor entity thereto.
INCOMPATIBLE LAND USE
Use of land within the Township boundaries that poses an
undue hazard to manned aircraft departing and arriving at the airport,
and/or to persons or property on the ground.
LARGE COMMERCIAL UA
An unmanned aircraft that weighs 55 pounds or more on takeoff,
including everything that is on board or otherwise attached to the
unmanned aircraft, and is used for a purpose other than a recreational
or hobby purpose.
MANNED AIRCRAFT
Any aircraft operated by the input of a person who is onboard
the aircraft.
OPERATE
To takeoff or land an unmanned aircraft or otherwise manipulate
the flight controls of an unmanned aircraft.
PERSON
An individual person or a company, or other duly organized
and authorized entity, but not including the Township, the Commonwealth
of Pennsylvania, the United States, or an individual person acting
in an official capacity thereof.
PIT UAS MAP
The Pittsburgh International Airport (PIT) Unmanned Aerial
System (UAS) Map attached hereto and incorporated herein at Appendix
6-4-A.
SAFETY CRITICAL LAND
The land within the boundaries reflected on the PIT UAS Map
designated "safety critical land" or which has been later designated
as "safety critical land" via notice issued by the Township or the
Airport Authority.
SMALL NONCOMMERCIAL UA
An unmanned aircraft operated for hobby or recreational purposes
and which is not operated by a certified remote pilot and/or pursuant
to Part 107 of the Federal Aviation Regulations.
UNMANNED AIRCRAFT (UA)
An aircraft that is operated by a person via a ground control
system, or autonomously through use of an on-board computer, communication
links and any additional equipment that is necessary for the UA to
operate.
[Ord. 666, 10/4/2017]
The purpose of this Part is to address issues related to use
of unmanned aircraft from ground-based locations within the boundaries
of the Township, in consideration of the following:
A. Congress has prohibited the FAA from promulgating binding and enforceable
rules and/or regulations governing the recreational or hobby operation
of small noncommercial UA, more commonly referred to as "drones;"
B. The Township has a proprietary interest in the real property constituting
the UAS restricted land and has an interest in protecting life and
property belonging to its citizens who live and work within the UAS
restricted land;
C. The Township has traditionally had the responsibility and jurisdiction
to regulate matters that occur from ground situated within its boundaries
and below the minimum safe altitude for manned aircraft for the protection
thereof;
D. The Airport Authority is obligated by federal law to operate its
airport in a safe and serviceable condition and to take appropriate
action to assure that terminal airspace as is required to protect
instrument and visual operations to the airport (including established
minimum flight altitudes) will be adequately cleared and protected
by mitigating exiting airport hazards and by preventing the establishment
of future airport hazards;
E. The Township and the Airport Authority have historically worked together
to ensure that the land within the Township boundaries was compatible
with airport operations by land use regulation and approval, and the
parties wish to continue that cooperative history in preventing incompatible
land use within the Township boundaries;
F. The Township desires to take affirmative action for the protection
of life and property within its boundaries;
G. The educational and legally nonbinding guidance provided by various
entities is insufficient to protect the Township's interest in
the property within its boundaries and within the UAS restricted land
and is likewise insufficient to protect the Airport Authority's
proprietary rights in ownership and operation of the airport or fulfilling
the Airport Authority's obligations;
H. The proliferation of unmanned aircraft has given rise to the need
to protect the land situated and under flights departing and arriving
at the airport, as well as the land on which the airport sits;
I. The FAA has called upon law enforcement agencies to deter, detect,
investigate, and, as appropriate, pursue enforcement actions to stop
unauthorized operations; and
J. The Township has the power and authority to regulate matters occurring
on the land situated within its boundaries.