[R.O. 1997 § 236.010; Ord. No. 2226 § 2, 12-12-2016]
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 so as
to endanger the life or property of another.
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 knowingly operate
an unmanned aircraft system directly over the private property of
another without the property owner's consent, if such operation of
the unmanned aircraft system:
1. Enters into the immediate reaches of the air space next to private
property; and
2. Interferes substantially with the property owner's use and enjoyment
of his/her property.
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 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
415.
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.