[HISTORY: Adopted by the Annual Town Meeting of the Town
of North Reading 6-5-2017 by Art.
25, approved 11-21-2017.[1] Amendments noted where applicable.]
[1]
Editor’s Note: This article was determined compatible
with MGL c. 90 per the MassDOT Aeronautics Division 3-28-2018.
For this bylaw, the following terms shall have the following
meanings:
An unmanned aircraft or unmanned aircraft system operated
by any person for any purposes other than strictly hobby or recreational
purposes, including, but not limited to, commercial purposes or in
furtherance of, or incidental to, any business or media service or
agency.
An unmanned aircraft or unmanned aircraft system operated
by any person strictly for hobby or recreational purposes.
An individual, partnership, corporation, association or other
legal entity.
An unmanned aircraft or unmanned aircraft system operated
by any public agency for government related purposes.
An aircraft, including, but not limited to, an aircraft commonly
known as a "drone," that is operated without the possibility of direct
human intervention from within or on the aircraft.
An unmanned aircraft and associated elements, including,
but not limited to, any communication links and components that control
the unmanned aircraft.
Subject to the provisions of this bylaw, a person that is authorized
by federal law to operate unmanned aircraft systems may operate an
unmanned aircraft system in the Town of North Reading for any lawful
purpose if the unmanned aircraft system is operated in a manner consistent
with federal law.
A person shall not operate an unmanned aircraft system in a
manner that knowingly and intentionally interferes with any of the
following while performing their official duties:
A.
No
person shall operate any model aircraft or civil UAS within the Town
of North Reading in a careless or reckless manner so as to endanger
the life or property of another. The standard of what constitutes
careless and reckless operation shall be the same as the standard
set forth in any federal statutes or regulations governing aeronautics,
including, but not limited to, Federal Aviation Rule 91.13.
B.
No
person shall knowingly and intentionally operate an unmanned aircraft
within a distance that, if the person were to be present personally
rather than through remote operation of an unmanned aircraft, would
be a violation of a restraining order or other judicial order.
C.
No
person shall knowingly and intentionally operate an unmanned aircraft
system to capture photographs, video or audio recordings of an individual
in a manner that invades an individual's reasonable expectation
of privacy.
D.
No
person shall operate any model aircraft within the Town of North Reading
beyond the visual line of sight of the person operating the model
aircraft. The operator must use his or her own natural vision to observe
the model aircraft. People other than the operator may not be used
in lieu of the operator for maintaining visual line of sight of the
model aircraft. "Visual line of sight" means that the operator has
an unobstructed view of the model aircraft. The use of vision-enhancing
devices, such as binoculars, night vision goggles, powered vision
magnifying devices, and goggles or other devices designed to provide
a first-person view from the model aircraft, do not constitute a visual
line of sight of the person operating the model aircraft.
E.
Excluding
takeoff and landing, no person shall operate any model aircraft or
civil UAS within the Town of North Reading closer than 25 feet to
any individual, except the operator or person(s) assisting the operator.
F.
No
person shall operate any model aircraft or civil UAS within the Town
of North Reading in a manner that is prohibited by any federal statute
or regulation governing aeronautics.
This bylaw shall not apply to any public UAS operated pursuant
to, and in compliance with, the terms and conditions of any current
and enforceable authorization granted by the Federal Aviation Administration.
A.
Whoever
violates any provision of this bylaw shall be subject to a fine of
$300 for each violation. Each violation shall constitute a separate
offense.
B.
Enforcement of this bylaw shall be by the Chief of Police and/or his designee and may be enforced by noncriminal disposition in accordance with the provisions of § 1-5 of the Town's Bylaws and MGL c. 40, § 21D, or through any other lawful process. Nothing in this bylaw shall preclude the Police Department from enforcing any applicable state law.
