[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:
Any contrivance invented, used, or designed to navigate or
fly in the air.
The Pittsburgh International Airport (PIT).
The Allegheny County Airport Authority, which is the operator
of the airport, or any successor entity thereto.
Any action taken under this Part for alleged violations of
the same.
The Federal Aviation Administration of the United States
Department of Transportation or any agency successor thereto.
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.
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.
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 Township, the Commonwealth
of Pennsylvania, the United States, or an individual person acting
in an official capacity thereof.
The Pittsburgh International Airport (PIT) Unmanned Aerial
System (UAS) Map attached hereto and incorporated herein at Appendix
6-4-A.[2]
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.
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.
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.
The entire Township or an area that has been later designated
as "UAS restricted land" via notice issued by the Township or the
Airport Authority.
[2]
Editor's Note: Appendix 6-4-A is included as an attachment to this chapter.
[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.
[Ord. 666, 10/4/2017]
1.
No person shall operate a small noncommercial UA from a ground-based
location within the Township boundaries that is situated within safety
critical land.
2.
No person shall operate a small noncommercial UA from a ground-based
location within the Township that is situated within UAS restricted
land but is not situated within safety critical land, unless the person
provides notice of the proposed operation to the Airport Authority
and the Airport Authority approves of such operation.
3.
No person shall operate an unmanned aircraft within the geographical
boundaries of the Township in violation of:
A.
An agreement between that person and the Township, the Airport Authority,
or the FAA; or
B.
Any term, condition, directive, or applicable regulation imposed
by the FAA, including, but not limited, to 14 CFR Part 101, Subpart
E; and 14 CFR Part 107; or
C.
The terms of any waiver or special authorization issued by the FAA.
4.
No person shall operate a small noncommercial UA that is required
to be registered with the FAA, unless the small noncommercial UA is
marked and registered in accordance with the applicable federal aviation
regulations.
[Ord. 666, 10/4/2017]
1.
Any person, firm, or corporation who shall violate any provision
of this Part, or fails to comply therewith, or with any of the requirements
thereof, upon conviction thereof in an action brought before a Magisterial
District Judge in the manner provided for the enforcement of summary
offenses under the Pennsylvania Rules of Criminal Procedures shall
be sentenced to pay a fine of not less than $100 nor more than $1,000
plus costs, including reasonable attorneys' fees incurred by
the Township, and, in default of payment of said fine and costs, to
a term of imprisonment to the extent permitted by law for the punishment
of summary offenses. A separate offense shall arise for each day or
portion thereof in which a violation of this Part is found to exist
and for each section of this Part found to have been violated. Further,
each flight, take-off, or landing in violation of this Part shall
constitute a separate offense. The Township may also commence appropriate
actions in equity or other to prevent, restrain, correct, enjoin,
or abate violations of this Part. All fines and penalties collected
for violations of this Part shall be paid to the Township Treasurer.
The initial determination of ordinance violation is hereby delegated
to the Township Manager, the Police Department, the Code Official,
the authorized designee of the Township Manager, and to any other
officer or agent that the Township Manager or the Board of Supervisors
shall deem appropriate.
2.
After conferring with the Airport Authority, the Township or the
Airport Authority, may:
A.
Refer the matter to the FAA for investigation and enforcement action
under applicable laws and regulations;
B.
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
C.
Refer the matter to the Allegheny County District Attorney for prosecution
under applicable state laws.
3.
The Township, in its sole discretion, shall, via the Township Manager
or Township Police Department, have the authority to prohibit the
flight of small noncommercial unmanned aircraft during an emergency
or at any time the Township deems it in the public interest.
[Ord. 666, 10/4/2017]
1.
This Part is intended to be a lawful exercise of the Township's
police and regulatory powers available to it under applicable state
and federal law. Nothing in this Part 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.
2.
In the event that the FAA initiates an enforcement action or other
proceeding against any person who is also in violation of this Part,
upon written request of the FAA, the Township shall suspend any pending
enforcement action for a period of not less than 60 days. After the
expiration of such suspension of enforcement proceedings, the Township
may proceed with any appropriate actions, including pursuit of penalties
authorized by this Part. Such penalties shall be in addition to any
action taken by the FAA.
3.
If, at any time, the FAA amends existing rules and regulations or
enacts new rules and regulations regarding the operation of small
noncommercial UA, the Township shall have the right to amend this
Part accordingly.
4.
To the extent any portion of this Part is, for whatever reason, found
to be invalid, the remaining portions shall remain in full force and
effect unless and until modified by the Township by subsequent enactment.