[HISTORY: Adopted by the Board of Commissioners of the Township
of Robinson9-10-2018 by Ord. No. 4-2018[1]. Amendments noted where applicable.]
[1]
Editor's Note: This ordinance was originally adopted as Ch.
301 but was renumbered for organizational purposes.
This chapter shall be known and may be cited as the "Small Noncommercial
UA."
As used in this chapter, the following terms shall have the
meanings indicated, unless the context specifically and clearly indicates
otherwise:
Any contrivance invented, used, or designed to navigate or
fly in the air.
The Pittsburgh International Airport ( PIT).
The Allegheny County Airport Authority, which is the operator
of the airport, or any successor entity thereof.
Any action taken under this chapter for an alleged violation
of the same.
The Federal Aviation Administration of the United States
Department of Transportation or any agency successor thereto.
Use of land within the Township boundaries that poses an
undue hazard to manned aircraft departing and arriving at the airport,
and/or to persons or property on the ground.
An unmanned aircraft that weighs 55 pounds or more on takeoff,
including everything that is on board or otherwise attached to the
unmanned aircraft, and is used for a purpose other than a recreational
or hobby purpose.
Any aircraft operated by the input of a person who is onboard
the aircraft.
Includes the taking off, landing, or otherwise manipulating
flight controls of a UA.
An individual person or a company, or other duly organized
and authorized entity, but not including the Township, the Commonwealth
of Pennsylvania, the United States, or an individual person acting
in an official capacity thereof.
The Pittsburgh International Airport (PIT) Unmanned Aerial
System (UAS) Map attached hereto and incorporated herein as Exhibit
"A"[1].
The land within the boundaries reflected on the PIT UAS Map
designated "safety-critical land" or which has been later designated
as "safety-critical land" via notice issued by the Township or the
Airport Authority.
An unmanned aircraft operated for hobby or recreational purposes
and which is not operated by a certified remote pilot and/or pursuant
to Part 107 of the Federal Aviation Regulations.
An aircraft that is operated by a person via a ground control
system, or autonomously through use of an on-board computer, communication
links and any additional equipment that is necessary for the UA to
operate.
The entire Township or an area that has been later designated
as "UAS restricted land" via notice issued by the Township or the
Airport Authority.
[1]
Editor's Note: Said exhibit is on file in the Township offices.
The purpose of this chapter is to address issues related to
use of unmanned aircraft from ground-based locations within the boundaries
of the Township, in consideration of the following:
A.
Congress
has prohibited the FAA from promulgating binding and enforceable rules
and/or regulations governing the recreational or hobby operation of
small noncommercial UA, more commonly referred to as "drones;"
B.
The Township
has a proprietary interest in the real property constituting the UAS
restricted land and has an interest in protecting life and property
belonging to its citizens who live and work within the UAS restricted
land;
C.
The Township
has traditionally had the responsibility and jurisdiction to regulate
matters that occur from ground situated within its boundaries and
below the minimum safe altitude for manned aircraft for the protection
thereof;
D.
The Airport
Authority is obligated by federal law to operate its airport in a
safe and serviceable condition, and to take appropriate action to
assure that terminal airspace as is required to protect instrument
and visual operations to the airport (including established minimum
flight altitudes) will be adequately cleared and protected by mitigating
exiting airport hazards and by preventing the establishment of future
airport hazards;
E.
The Township
and the Airport Authority have historically worked together to ensure
that the land within the Township boundaries was compatible with airport
operations by land use regulations and approval, and the parties wish
to continue that cooperative history in preventing incompatible land
use within the Township boundaries;
F.
The Township
desires to take affirmative action for the protection of life and
property within its boundaries;
G.
The educational
and legally nonbinding guidance provided by various entities is insufficient
to protect the Township's interest in the property within its boundaries
and within the UAS restricted land, and is likewise insufficient to
protect the Airport Authority's proprietary rights in ownership and
operation of the airport or fulfill the Airport Authority's obligations;
H.
The proliferation
of unmanned aircraft has given rise to the need to protect the land
situated and under flights departing and arriving at the airport,
as well as the land on which the airport sits;
I.
The FAA
has called upon law enforcement agencies to deter, detect, investigate,
and, as appropriate, pursue enforcement actions to stop unauthorized
operations; and
J.
The Township
has the power and authority to regulate matters occurring on the land
situated within its boundaries.
A.
No person
shall operate a small noncommercial UA from a ground-based location
within the Township boundaries that is situated within safety-critical
land.
B.
No person
shall operate a small noncommercial UA from a ground-based location
within the Township that is situated within UAS restricted land but
is not situated within safety-critical land, unless the person provides
notice of the proposed operation to the Airport Authority, and the
Airport Authority approves of such operation.
C.
No person
shall operate an unmanned aircraft within the geographical boundaries
of the Township in violation of (a) an agreement between that person
and the Township, the Airport Authority, or the FAA; or (b) any term,
condition, directive, or applicable regulation imposed by the FAA,
including but not limited to 14 CFR Part 101, Subpart E; 14 CFR Part
107; or (c) the terms of any waiver or special authorization issued
by the FAA.
D.
No person
shall operate a small noncommercial UA that is required to be registered
with the FAA, unless the small noncommercial UA is marked and registered
in accordance with the applicable Federal Aviation Regulations.
A.
Any person,
firm, or corporation who shall violate any provision of this chapter,
or fails to comply therewith, or with any of the requirements thereof,
upon conviction thereof in a action brought before a Magisterial District
Judge in the manner provided for the enforcement of summary offenses
under the Pennsylvania Rules of Criminal Procedures, shall be sentenced
to pay a fine of not less than $100 nor more than $1,000 plus costs,
including reasonable attorney fees incurred by the Township, and,
in default of payment of said fine and costs, to a term of imprisonment
to the extent permitted by law for the punishment of summary offenses.
A separate offense shall arise for each day of portion thereof in
which a violation of this chapter is found to exist and for each section
of this chapter found to have been violated. Further, each flight,
take-off, or landing in violation of this chapter shall constitute
a separate offense. The Township may also commence appropriate actions
in equity or other to prevent, restrain, correct, enjoin, or abate
violations of this chapter. All fines and penalties collected for
violations of this chapter shall be paid to the Township Treasurer.
The initial determination of chapter violation is hereby delegated
to the Township Manager, the Police Department, the Code Official,
the authorized designee of the Township Manager, and to any other
officer or agent that the Township Manager or the Board of Commissioners
shall deem appropriate.
B.
After conferring
with the Airport Authority, the Township or the Airport Authority
may:
(1)
Refer
the matter to the FAA for investigation and enforcement action under
applicable laws and regulations;
(2)
Refer
the matter to the United States Attorney's Office or the Federal Bureau
of Investigation for investigation and enforcement under applicable
laws and regulations; and/or
(3)
Refer
the matter to the Allegheny County District Attorney for prosecution
under applicable state laws.
C.
The Township,
in its sole discretion, shall, via the Township Manager or Township
Police Department, have the authority to prohibit the flight of small
noncommercial unmanned aircraft during an emergency or at any time
the Township deems it in the public interest.
A.
This chapter
is intended to be a lawful exercise of the Township's police and regulatory
powers available to it under applicable state and federal law. Nothing
in this chapter is intended to, nor does it actually, impede or conflict
with any federal law, FAA-issued restrictions or powers of the FAA
to bring any action to enforce any applicable federal law or regulation
or issue penalties or take any other action that the FAA is authorized
to take under federal law and applicable regulations.
B.
In the event
that the FAA initiates an enforcement action or other proceeding against
any person who is also in violation of this chapter, upon written
request of the FAA, the Township shall suspend any pending enforcement
action for a period of not less than 60 days. After the expiration
of such suspension of enforcement proceedings, the Township may proceed
with any appropriate actions including pursuit of penalties authorized
by this chapter. Such penalties shall be in addition to any such action
taken by the FAA.
C.
If, at any
time, the FAA amends existing rules and regulations or enacts new
rules and regulations regarding the operation of small noncommercial
UA, the Township shall have the right to amend this chapter accordingly.
D.
To the extent
any portion of this chapter is, for whatever reason, found to be invalid,
the remaining portions shall remain in full force and effect unless
and until modified by the Township by subsequent enactment.
