[HISTORY: Adopted by the Board of Trustees of the Village
of Kings Point 1-25-2021 by L.L. No. 3-2021. Amendments noted where
applicable.]
The following words shall, for the purposes of this chapter,
have the meanings herein indicated:
An unmanned aerial vehicle weighing not more than 55 pounds.
Any federal or state government, agency, department, or administration
with jurisdiction to supersede this chapter.
A municipality, other than the Village, including the special
districts of such municipality.
Property not owned by the Village or municipality.
A.
No person shall fly a drone at an altitude of less than 300 feet
over any property owned by or leased to the Village without the permission
of the Village.
B.
No person shall fly a drone at an altitude of less than 300 feet
over any property owned by or leased to a municipality without the
permission of an owner or lessee of that property.
C.
No person shall fly a drone at an altitude of less than 300 feet
over private property without the permission of an owner or lessee
of that property.
A.
It shall be an affirmative defense that, at the time of the alleged
offense, an owner or lessee of the property over which the drone was
flown had given permission to the operator of the drone to fly over
its property.
B.
It shall be an affirmative defense that, at the time of the alleged
offense, a governmental authority had granted the operator of the
drone the right to fly over the property.
C.
In the event that a court finds that a credible witness testifies
that based upon such witness' observations, the drone was at
an altitude of less than 300 feet, it shall be an affirmative defense
that the drone was at an altitude of 300 feet or more.
If any part of this chapter is declared unenforceable or invalid,
the remainder will continue to be valid and enforceable.
