[HISTORY: Adopted by the Township Council of the Township of Mount Holly 2-12-2018 by Ord. No. 2018-3. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
DATA COLLECTION
The acquisition of information by use of one or more sensing devices.
DRONE
An unmanned aircraft that can fly under the control of a remote pilot or by a geographic positions system (GPS) guided autopilot mechanism, and that is equipped with any sensing device or capable of any data collection.
SENSING DEVICE
A device capable of acquiring data from its surroundings. Sensing devices include, but are not limited to, cameras, microphones, thermal detectors, chemical detectors, radiation gauges, and wireless receivers in any frequency (including cellular, WiFi, or other data frequencies).
UNMANNED AIRCRAFT
An unmanned vehicle or device of any size that is capable of remote-control flight by any means and that does not possess any sensing device and is not capable of any data collection.
UNMANNED AIRCRAFT SYSTEM
Includes unmanned aircraft and its associated elements, including the control system, communications link, data link, navigation equipment, launch/recovery equipment, and other support equipment and payload.
WEAPON
Is any instrument, article or substance that, under the circumstances in which it is used, attempted to be used or threatened to be used, is readily capable of causing death or serious physical injury to any person or to damage any property, including, but not limited to, firing a bullet, projectile or laser.
A. 
Except as otherwise provided in § 110-3, drones are prohibited from flying in any airspace within 400 feet of the ground, as per current Federal Aviation Administration (FAA) regulations, within the Township of Mount Holly.
B. 
Except as otherwise provided in § 110-3, unmanned aircraft are prohibited from flying in any airspace within 400 feet of the ground, as per current Federal Aviation Administration (FAA) regulations, within the Township of Mount Holly in:
(1) 
The airspace over any residential or commercial zoned area in the Township of Mount Holly;
(2) 
The airspace over any roads within the Township of Mount Holly;
(3) 
The airspace over any school, utility company, government or public buildings, property, or parks within the Township of Mount Holly; and
(4) 
The airspace over any areas or streets where special events are being conducted or where large groups of people are congregated.
C. 
It shall be unlawful for any person to navigate any drone or unmanned aircraft that is equipped with a firearm or other weapon.
D. 
It shall be unlawful for any person to navigate any drone or unmanned aircraft carrying pyrotechnic devices that explode or burn or any device which propels a projectile or drops any object that creates a hazard to persons or property.
E. 
It shall be unlawful for any person to navigate any drone or unmanned aircraft with metal blade propellers or with gaseous boost.
F. 
Any person who operates or causes to be operated any drone or unmanned aircraft for commercial operation, as found in § 110-3, within the limits of the Township of Mount Holly, must be able to present, immediately upon request by any Mount Holly Township Police officer, a current certificate of aircraft registration issued by the Federal Aviation Administration (FAA), together with a remote pilot certificate where the use of the drone or unmanned aircraft requires such a certificate under 14 C.F.R. Part 107 and a copy of the business registration, if applicable.
G. 
Any person who operates or causes to be operated any drone or unmanned aircraft for commercial operation, as found in § 110-3, must register the aircraft first with the Township of Mount Holly. This registration will include the name and address of the owner, and the make, model and serial number of the aircraft. Additionally a copy of a current certificate of aircraft registration issued by the Federal Aviation Administration (FAA), together with a remote pilot certificate where the use of the drone or unmanned aircraft requires such a certificate under 14 C.F.R. Part 107 and a copy of the business registration, if applicable, will also be required.
A. 
This chapter shall not prohibit the constitutional use of drones and unmanned aircraft by any law enforcement agency or emergency services organization of or servicing the Township of Mount Holly, the State of New Jersey, or the United States of America for lawful purposes and in a lawful manner.
B. 
This chapter shall not prohibit any federal, state, county or municipal agency from the use of drones and unmanned aircraft for any lawful and authorized purpose pursuant to applicable regulation.
C. 
This chapter shall not prohibit the Township of Mount Holly from allowing the approval for drone operation near special events for the purpose of video and photographic recordings. Applicants would need to apply for approval prior to the event. Applicants will need to provide the FAA registration and pilot certification as per the requirements of 14 C.F.R. 107 if they apply and a copy of their business registration, if applicable. Additionally, applicants will be required to provide copies of a certificate of insurance identifying the name of the insurance carrier, name of the person or business covered and coverage amounts. Once approved the applicant will be required to:
(1) 
Operate the drone or unmanned aircraft in a safe manner in the area specified in the application.
(2) 
Operate the drone or unmanned aircraft so that it does not fly over any crowds or event spectators unless prior written approval has been given by the Township for such operation.
D. 
This chapter shall not prohibit individuals and entities from the use of drones during daylight hours for business purposes in the airspace within the boundary lines of private commercial or residential property with the property owner's consent, except that data collection shall be limited to data collection of and relating to the properties that provide consent thereto alone.
E. 
Notwithstanding the provisions of this chapter, the authorized and lawful operation and use of drones for commercial, business, educational, scientific, research, environmental, and personal purposes is pursuant to and in accordance with specific FAA regulations, if any.
F. 
This chapter shall not prohibit the use of unmanned aircraft by:
(1) 
Any federal, state, county or municipal agency, including, but not limited to, law enforcement and emergency services agencies, for lawful purposes and in a lawful manner; or
(2) 
An owner of private property in the Township of Mount Holly in the airspace within the boundary lines of that property or in the airspace within the boundary lines of private property in Township of Mount Holly with that property owner's consent.
A violation of this chapter shall be punishable by a maximum fine of $1,000 and/or up to 90 days in jail.
All ordinances or parts of ordinances inconsistent with this chapter are hereby repealed to the extent of such inconsistency.
If any section, paragraph, subdivision, clause or provision of this chapter shall be adjudged invalid, such adjudication shall apply only to the section, paragraph, subdivision, clause or provision so adjudged and the remainder of the chapter shall be deemed valid and effective.