[HISTORY: Adopted by the Board of Commissioners of the Township
of Vanport 12-12-2016 by Ord. No.
371. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 180.
For the purposes of this chapter, the following terms shall
have the meanings indicated:
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.
A human being or group of human beings.
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.
The following shall apply to the operation of any model aircraft
within the Township of Vanport:
A.
No person shall operate any model aircraft within the Township of
Vanport in a manner that interferes with manned aircraft, and shall
always give way to any manned aircraft.
B.
No person shall operate any model aircraft within the Township of
Vanport beyond the visual line of sight of the person operating the model
aircraft. The operator must use his or her own natural vision (which
includes vision corrected by standard eyeglasses or contact lenses)
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. "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 do not constitute the visual line of sight of the person
operating the model aircraft.
C.
No person shall operate any model aircraft within the Township of
Vanport other than during daylight hours, defined as between official
sunrise and official sunset for local time.
D.
No person shall operate any model aircraft within the Township of
Vanport more than 200 feet above the earth's surface.
E.
Excluding takeoff and landing, no person shall operate any model
aircraft within the Township of Vanport closer than 20 feet to any
individual except the operator or the operator's helper(s).
The following shall apply to the operation of any model aircraft
or civil AUS with the Township of Vanport:
A.
No person shall operate any model aircraft or civil UAS within the
Township of Vanport in a manner that is prohibited by any federal
statute or regulation governing aeronautics.
B.
No person shall operate any model aircraft or civil UAS within the
Township of Vanport in violation of any temporary restriction (TFR)
or notice to airmen (NOTAM) issued by the Federal Aviation Administration.
C.
No person shall operate any model aircraft or civil AUS within the
Township of Vanport in a careless or reckless manner so as to endanger
the life or property of another. The standard for what constitutes
"careless or reckless operation" under this section shall be the same
as the standard set forth in any federal statutes or regulations governing
aeronautics.
It shall be unlawful for any person to violate or fail to comply
with this chapter. Any person violating the provisions of this chapter
shall be guilty of a misdemeanor and subject to a fine not to exceed
$500.
This chapter 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.
