Cross Reference: As to air navigation space regulations, § 405.04.060.
[CC 1990 § 6-11; Ord. No. 319 § 2, 7-5-1989; Ord. No. 1054 § 2, 7-17-1995]
A.
It shall be unlawful for any person to take off or land a helicopter
within the City limits of the City of Chesterfield that is zoned residential
or non-urban unless such takeoff or landing is done:
1.
At an established or approved airport, heliport or helistop;
2.
When necessary for law enforcement or other public safety purposes
and said helicopter is under the control of police authorities;
3.
When necessary for aircraft or medical service emergencies;
4.
In conjunction with a special event, such as holiday celebration
or parade or similar activity, after advance notice of no less than
forty-eight (48) hours has been given to the Chief of Police of the
intention to do so.
a.
The use of helicopters in such special events shall be limited
to two (2) days without a City permit.
b.
The Chief of Police may deny permission or may suspend permission
to operate helicopters at a special event if, in the Chief's
opinion, the operation is hazardous to life or property or otherwise
interferes with the promotion of the health, safety and general welfare
of the general public.
5.
With the issuance of a City permit as issued and approved by
the Chief of Police. Permits shall be granted under the following
circumstances:
a.
To any person, entity or organization desiring to take off or
land a helicopter to aid in the construction or development of property,
whether commercial, business or residential, and upon presenting evidence
of approval in advance by the Federal Aviation Administration.
b.
To any person, entity or organization desiring to take off or
land a helicopter for transportation of goods and equipment under
limited or specific circumstances and upon presenting evidence of
approval in advance by the Federal Aviation Administration.
[CC 1990 § 6-12; Ord. No. 319 § 3, 7-5-1989; Ord. No. 1054 § 3, 7-17-1995]
A.
A City permit shall be granted under the following procedures:
1.
An application for permit shall be made to the City at least
five (5) working days in advance of the activity;
2.
Said permit shall be in such form as is established and approved
by the Chief of Police for the City of Chesterfield;
3.
Said form shall be made out in full and shall be signed by the
owner of the helicopter or the person who shall be responsible to
the City of Chesterfield for any violation of said permit;
4.
Said permit shall be issued for a period of up to, but not to
exceed, fourteen (14) days;
5.
The City may revoke said permit if, in the opinion of the Police
Department, the operation of said helicopter is hazardous to life
or property or otherwise interferes with the promotion of the general
health, safety and welfare of the citizens of the City of Chesterfield.
[CC 1990 § 6-14; Ord. No. 2957, 6-19-2017]
For purposes of this Article, the following words and phrases
shall have the following meanings:
City of Chesterfield.
Receiving anything of value resulting from the operation
of the UAS.
To pilot, steer, direct, fly or manage a small unmanned aircraft
through the air whether from within the aircraft or remotely. The
term "operate" includes managing or initiating a computer system that
pilots, steers, directs, flies or manages a small unmanned aircraft.
The person who:
A UAS that weighs more than fifty five hundredths (0.55)
pounds and less than fifty five (55) pounds. (This includes the actual
aircraft and its support systems.)
Any public gathering or event held outdoors on City property
that requires the issuance of a permit from the City of Chesterfield.
The gathering, without permission and in a manner that is
offensive to a reasonable person, of visual images, physical impressions,
sound recordings, data or other information involving the private,
personal, business or familial activities of another person, business
or entity, or that otherwise intrudes upon the privacy, solitude or
seclusion of another person, business or entity regardless of whether
a physical trespass onto such other person's, business's
or other entity's land, or into the airspace above such other
person's, business's or other entity's land, occurs
in connection with such surveillance.
An aircraft operated without the possibility of direct human
intervention from within or on the aircraft.
An unmanned aircraft and its associated elements, including
communication links and the components that control the unmanned aircraft.
A person who is designated by the remote pilot in command
to assist the remote pilot in command and the person manipulating
the flight controls of the small UAS to see and avoid other air traffic
or objects aloft or on the ground.
[CC 1990 § 6-14; Ord. No. 2957, 6-19-2017]
A.
The UAS in flight must remain within visual line of sight of the
pilot of the UAS.
B.
The pilot(s) of a UAS shall not operate a UAS over persons unprotected
by shelter.
C.
The remote pilot of an UAS shall not operate the UAS, nor shall a
person act as a visual observer for the operation of an UAS, under
the influence of alcohol or controlled substance.
D.
The remote pilot of an UAS shall ensure the operating environment
is safe and shall not operate the UAS in a reckless or negligent manner
so as to endanger the life or property of another.
E.
It shall be unlawful to operate a UAS directly over the private property
of another without the property owner's consent, if such operation
of the UAS:
F.
All UAS 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.
G.
It shall be unlawful to operate a UAS for surveillance within the
City limits.
H.
It shall be unlawful to operate a UAS over or adjacent to any City-sponsored
event or athletic event, bicycle race, City swimming pool, fireworks
display parade, or emergency scene such as a fire, motor vehicle accident,
or crime scene.
I.
An operator of a UAS must have in their possession the UAS registration
as issued by the FAA at time of flight and display that registration
upon request of an authorized official, such as a Police Officer.
J.
A remote UAS pilot must have in their possession an FAA commercial
remote pilot certificate and display that certificate upon request
by an authorized official such as a Police Officer if flying for commercial
purposes.
K.
Notwithstanding the provisions set forth herein, nothing in this
Article shall be construed so as to prohibit the use of a drone by
a Law Enforcement Agency.
L.
Notwithstanding anything to the contrary, the owner or operator of
a critical infrastructure facility as defined by the President of
the United States or the Department of Homeland Security may operate
an unmanned aircraft system for the purpose of monitoring, operating
or maintaining said critical maintenance facility.
[CC 1990 § 6-14; Ord. No. 2957, 6-19-2017]
The Chief of Police is authorized to waive compliance with the
restrictions herein, when such action is deemed appropriate and does
not unduly jeopardize the safety and security of the public or any
individual.
