This chapter is intended to promote public health, safety and welfare of the public and public safety personnel through appropriate regulation pursuant to the city's police powers and its authority to issue regulations related to zoning, land use, privacy, trespass, and law enforcement operations. All regulation herein is intended to protect the health, safety, and welfare of the public and specific areas of local municipal concern where a drone incident would cause greater harm and risk of injury. It is not intended to restrict persons operating unmanned aircraft systems in compliance with all applicable FAA rules and any applicable laws, and outside of prohibited areas. This chapter is not intended to preempt FAA rules, but to operate in conjunction with those rules to promote public safety and privacy while recognizing the limitations in the FAA's enforcement capabilities.
(Ord. 1772 § 2, 2016)
"Drone" or "drones"
shall mean all unmanned aircraft or unmanned aircraft systems that can fly under the control of a remote pilot or by a global positioning system (GPS) guided autopilot mechanism. This includes drone, as stated in Section 336 of Public Law 112-95, known as the FAA Modernization and Reform Act of 2012. This includes the controller mechanism and every other system required for operation of the drone.
"Emergency response"
shall mean any effort by first responders to save lives, reduce property damage, and/or reduce human suffering. Examples include, but are not limited to, fire-fighting activities, search and rescue activities, police and law enforcement activities, restoration of public utilities, and similar efforts.
"Special event" or "special events"
shall mean any event, assembly, or gathering held in a public park or open-air facility, private property, or commercial/industrial facility that is open to the public and intended to attract people. This includes, but is not limited to, sporting events, concerts, festivals, farmer's markets, and other similar events.
"Person"
means any individual and includes a corporation, partnership, company, association, organization or league and any other entity which owns, leases, or controls property. The term "person" includes "person responsible for the event, assembly or gathering."
"Person responsible for the special event"
means the person who owns or who is in charge of the premises of the private property where the special event takes place, or if the special event occurs on public property, the person who organized the event, assembly or gathering. If the person responsible for the event, assembly or gathering is a minor, then the parent(s) or legal guardian(s) of that minor will be considered the person responsible for purposes of this chapter.
"FAA"
shall mean the United States Federal Aviation Administration.
(Ord. 1772 § 2, 2016)
A. 
No person shall deploy, launch, fly, or otherwise operate a drone:
1. 
Within four hundred feet of any emergency response or within such greater distance from the emergency response as is necessary to ensure health, safety, and welfare of the public and as is verbally directed by the public safety responders at the scene of the emergency response;
2. 
Within four hundred feet of any special event unless express permission is acquired from the person responsible for the special event;
3. 
In a manner that is prohibited by any applicable federal statute or regulation governing aeronautics;
4. 
While under the influence of any alcohol or drug;
5. 
Over any open air assembly unit, school, school yard, hospital, place of worship, police station, fire station, public building, or public facility, without the property owner's consent, and subject to any restrictions that the property owner may place on such operation;
6. 
Within five hundred feet of any water intake facility or any electric generating facility, substation or control center, or within one hundred feet of any electric transmission facility, or within twenty-five feet of any electric distribution facility or of any overhead wire, cable, conveyor or similar equipment for the transmission of sounds or signal, or of heat, light or power, or data, upon or along any public way within the city, without the facility or equipment owner's consent, and subject to any restrictions that the facility or equipment owner may place on such operation;
7. 
Within any airspace or near any event temporarily designated by the city manager, or designee, as a no fly zone for the protection of health, safety, and welfare.
B. 
The city manager, or designee, is herein authorized to temporarily designate any area within the city as a no-fly zone which, within his or her sole discretion, requires such designation for the health, safety, and welfare of the public and consistent with the city's authority over land use and zoning.
(Ord. 1772 § 2, 2016)
This chapter shall not prohibit the use of drones by the city or public safety agency for lawful purposes and in a manner consistent with FAA regulations, lawful public safety uses, and this chapter.
(Ord. 1772 § 2, 2016)
In addition to enforcement pursuant to Chapters 1.08 and 1.20 of the municipal code, drones flown in violation of this chapter shall be subject to immediate confiscation, but subject to a post-seizure hearing conducted in accordance with Section 1.20.080.
(Ord. 1772 § 2, 2016)