[HISTORY: Adopted by the Mayor and Council of the Borough
of Westwood 12-15-2020 by Ord. No. 20-19. Amendments noted where applicable.]
The purpose of this chapter is to regulate small unmanned aircraft,
commonly known as "drones," to protect the privacy of persons and
property, and to protect the public health, welfare, and safety.
As used in this chapter, the following terms shall have the
meanings indicated:
An unmanned vehicle or device, including but not limited
to a motorized remote-control drone, unmanned aerial vehicle, unmanned
aerial system and small unmanned aerial system, that can fly under
the control of a remote pilot using a first-person view or other viewing
system or by a geographic positions systems guided autopilot mechanism.
A.
Small unmanned aircraft shall not operate within the Borough as follows:
(1)
Takeoff and/or landing on any municipally owned property, including
but not limited to parks, schools, recreation areas, roadways and
other public property, without the permission of the Mayor and Council;
(2)
Over any Borough-owned building without the permission of the Mayor
and Council;
(3)
Over any public gatherings or public sporting events without the
permission of the Mayor and Council if a Borough-sponsored event or
the organizing entity if privately operated on Borough property;
(4)
No person(s) may be photographed or video recorded from a small unmanned
aircraft while on private property without their express consent except
while being operated in accordance with this chapter;
(5)
No unmanned aircraft may fly less than 100 feet above any roadway
within the Borough without the permission of the Mayor and Council
and within 25 feet of the tallest point of any private structure within
the Borough except with express consent of the property owner.
B.
All other uses of public property shall have priority over use of
public property for the operation of small unmanned aircraft.
C.
This chapter does not limit or restrict the prosecution of any operator
of a small unmanned aircraft from violation of any other rule, law
and regulation pertaining to privacy, trespass, or other violation
which may pertain to the operation of a small unmanned aircraft.
A.
This chapter shall not prohibit any federal, state, county or municipal
agency, including, but not limited to, any law enforcement agency
or emergency services organization, from the use of small unmanned
aircraft for any lawful and authorized purpose pursuant to and in
accordance with applicable regulations.
B.
This chapter shall not prohibit the authorized and lawful operation
and use of small unmanned aircraft for commercial, business, educational,
scientific, research, environmental, and personal purposes pursuant
to and in accordance with applicable regulations.
C.
This chapter shall not limit recourse for violations of any other
privacy.
Any violation of this chapter may be heard in the Westwood Municipal
Court and shall be subject to a fine of up to $1,000.
