[HISTORY: Adopted by the Board of Trustees of the Village of Canastota 8-6-2018 by L.L. No. 7-2018. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- UNMANNED AIRCRAFT SYSTEM OR UAS
- An aircraft or powered aerial vehicle or other device, the flight of which is controlled either autonomously by onboard computer(s) or by remote control of an operator on the ground or in another vehicle or aircraft, without the assistance of an onboard pilot; also commonly known as "drones". The term specifically excludes traditional model aircraft incapable of being equipped with cameras or other surveillance equipment.
The Board of Trustees of the Village of Canastota, after due deliberation, finds the operation of unmanned aircraft systems within the Village of Canastota to pose a potential safety risk to aircraft and the public in general. In addition to the crash threat created by loss of control of the vehicles, the noise created by their operation also creates a detriment to the public welfare. The operation of UAS also raises significant security and privacy issues. As such, the Board of Trustees of the Village of Canastota hereby determines that it is in the best interest of the Village of Canastota and the public generally to restrict the operation of unmanned aircraft systems from all property within the corporate limits of the Village.
Except as otherwise specifically provided in this chapter, no person shall operate a UAS upon or from any real property, or from any vehicle, platform or other structure located upon any land or water body within the corporate limits of the Village of Canastota.
Except as otherwise specifically provided in this chapter, no person shall operate a UAS so as to cause the UAS to be over or above any property owned by the Village of Canastota.
Except as otherwise specifically provided in this chapter, no person shall operate a UAS over or above any property within the Village of Canastota in such a manner as to disturb the peace or invade the privacy of any person or persons on the ground or within any building on the ground.
The restrictions imposed by this chapter shall not prohibit or impair the use of any UAS within the Village of Canastota by law enforcement and/or emergency response personnel, or pursuant to a duly issued warrant or court order.
The Village Code Enforcement Officer may grant a permit to operate a UAS within the Village for a demonstrated legitimate commercial purpose or purposes. To obtain such a permit, the operator must demonstrate that the operation of the UAS over Village property will serve a legitimate public or commercial purpose, and that the operation will not pose an undue risk of injury or harm to, or invasion of privacy of individuals or property.
Any person or persons violating any of the provisions of this chapter shall be guilty of an offense and shall be punished, upon conviction, by a fine of not more than $250. Each day's continued violation shall constitute a separate and additional offense hereunder.
This chapter is in addition to all applicable laws of the State of New York and the United States of America, and in no way is to conflict with said laws, and this chapter shall be construed accordingly. Any section of this chapter or part thereof which conflict with any state law does not invalidate any other section of this chapter or part thereof.