[Ord. No. 17-01, 4-4-2017]
A. Definitions. For purposes of this Section, the following words and
phrases shall have the following meanings:
UNMANNED AIRCRAFT
A high-powered, aerial vehicle that:
1.
Does not carry a human operator and is operated without the
possibility of direct human intervention from within or on the aircraft;
2.
Uses aerodynamic forces to provide vehicle lift;
3.
Can fly autonomously or be piloted remotely; and
4.
Can be expendable or recoverable.
UNMANNED AIRCRAFT SYSTEMS (UAS)
An unmanned aircraft, and associated elements (including
communication links and the components that control the unmanned aircraft),
that is required for the pilot in command to operate safely and efficiently
in the national airspace system. To be part of a UAS, the unmanned
aircraft must be:
1.
Capable of sustained flight in the atmosphere;
2.
Flown within the visual line of sight of the person operating
the aircraft; and
3.
Flown for hobby or recreational purposes.
VISUAL OBSERVER
A person who is designated by the operator of an unmanned
aircraft system to assist the operator to see and avoid other air
traffic or objects aloft or on the ground.
B. All operators of unmanned aircraft systems shall adhere to applicable
Federal and State regulations, rules, and laws regarding their use,
and as may be amended from time to time, and implemented thereafter.
C. Unmanned aircraft systems must remain below any surrounding obstacles
within the airspace, when possible.
D. The unmanned aircraft system must remain within visual line of sight
of the operator of the unmanned aircraft system. Alternatively, the
unmanned aircraft must remain within the visual line of sight of a
visual observer, provided that the operator of the unmanned aircraft
system and the visual observer maintain effective communication with
each other at all times.
E. Operators of unmanned aircraft systems shall not intentionally operate
unmanned aircraft systems over persons unprotected by shelter or moving
vehicles, or within twenty-five (25) feet from any person, building,
or vehicle.
F. Operators of unmanned aircraft systems shall not operate an unmanned
aircraft system within five (5) miles of an airport or heliport without
first notifying the airport and control tower.
G. Operators of unmanned aircraft systems shall not operate an unmanned
aircraft system in adverse weather conditions, such as in high winds
or reduced visibility.
H. Operators of unmanned aircraft systems shall not operate an unmanned
aircraft system, nor shall a visual observer observe the operation
of an unmanned aircraft system, under the influence of alcohol or
controlled substances.
I. Operators of unmanned aircraft systems shall ensure the operating
environment is safe and shall not operate unmanned aircraft systems
in a reckless or negligent manner.
J. Operators of unmanned aircraft systems shall not without the consent
of the owner of the property, public utility, or appropriate governmental
entity operate an unmanned aircraft system within twenty-five (25)
feet of or over sensitive infrastructure or property, such as power
stations, utility lines, water treatment facilities, correctional
facilities, heavily traveled roadways, government facilities, or other
public utility facilities.
K. It shall be unlawful to operate an unmanned aircraft system directly
over the private property of another without the property owner's
consent.
L. All unmanned aircraft systems shall be limited to daylight-only operations, or civil twilight [thirty (30) minutes before official sunrise to thirty (30) minutes after official sunset, local time], with appropriate anti-collision lighting. Notwithstanding the foregoing, a person may, with the consent of the property owner, operate an unmanned aircraft system between civil twilight and 10:00 P.M. directly above the areas of property — that are fully lit by one (1) or more outdoor light fixture provided that each light fixture is at a height no less than sixty (60) feet above the surface of the ground and conforms to the lighting standards set forth by City Code Chapter
405, Zoning Regulations.
M. Except as may be otherwise expressly permitted by Federal or State
law, it shall be unlawful to operate any unmanned aircraft systems
weighing in excess of fifty-five (55) pounds (25 kilograms) in the
City.