[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:
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.
A.
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.
B.
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.
C.
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.
A.
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.
B.
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.
