[HISTORY: Adopted by the Borough Council of the Borough of Bay Head 11-1-2021 by Ord. No. 2021-16. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
DATA COLLECTION
The acquisition of information by use of one or more sensing devices.
DRONE
An unmanned aircraft that can fly under the control of a remote pilot or by a global positions system ("GPS") guided autopilot mechanism, and that is equipped with any sensing device or capable of any data collection.
SENSING DEVICE
A device capable of acquiring data from its surroundings. Sensing devices include, but are not limited to, cameras, microphones, thermal detectors, chemical detectors, radiation gauges, and wireless receivers in any frequency (including cellular, Wi-Fi, or other data frequencies).
UNMANNED AIRCRAFT
An unmanned vehicle or device of any size that is capable of remote control flight by any means device, is not capable of any data collection, and that does not possess any sensing devices.
A. 
Drone operators must follow all federal and state regulations pertaining to the operation of unmanned aircraft, including but not limited to:
(1) 
The requirement to keep the aircraft within the visual line of sight of a designated visual observer;
(2) 
The requirement to obtain a remote pilot certificate from the FAA, if applicable; and
(3) 
Operations of unmanned aircraft at night, during twilight and over persons.
B. 
To fly an unmanned aircraft as a hobbyist in the State of New Jersey, users are required by FAA Regulations to take The Recreational UAS Test (TRUST) and to follow the FAA model aircraft rules.
A. 
Except as otherwise provided in § 217-4, drones and unmanned aircraft are prohibited from being launched from, or landing on, any government or public buildings, property, or parks within the Borough unless prior written permission has been granted by the Borough Chief of Police for a special event or Borough-sponsored event.
B. 
It shall be considered a nuisance for a drone or unmanned aircraft to be used:
(1) 
For the purpose of conducting surveillance unless expressly permitted by court order;
(2) 
For the purpose of capturing a person's visual image, audio recording or physical impression in any place where that person would have a reasonable expectation of privacy;
(3) 
Over any emergency response efforts;
(4) 
With the intent to harass, annoy, or assault a person by flying within close proximity of their person.
A. 
This chapter shall not prohibit the constitutional use of drones and unmanned aircraft by any law enforcement agency or emergency services organization of or servicing the Borough, the State of New Jersey, or the United States of America for lawful purposes and in a lawful manner.
B. 
This chapter shall not prohibit any federal, state, county or municipal agency from the use of drones and unmanned aircraft for any lawful and authorized purpose pursuant to applicable regulation.
C. 
This chapter shall not prohibit the use of unmanned aircraft by any federal, state, county or municipal agency, including, but not limited to, law enforcement and emergency services agencies, for lawful purposes and in a lawful manner.
A. 
Unless otherwise specified herein, for a violation of any provision of this chapter, the maximum penalty, upon conviction thereof, shall be a fine not exceeding $1,000 or imprisonment for up to 90 days or a period of community service not exceeding 90 days, or any combination thereof. Except as otherwise provided, each and every day in which a violation of any provision of this chapter exists shall constitute a separate violation.
B. 
All fines and penalties under this chapter may be paid directly to the Municipal Court Administrator, unless otherwise indicated by the officer issuing the summons.